naa | : cm 1a eee eh deer o ‘TEs mat teas oy | reed oe + Tacude iden the ox of legisatve Mi S00 - ary come 669 only to sch kiiins (ordinance "power ss ae found i the consteaton “ . 1m (fr Bil, RA) —o * Provided by congres~ enactment of nee * Rules of both hoes of anges (provide ae bythe Constitution) PD's -oC Mans during the period of rnarial law 1973 —— fe oe ~ (Battal mates et oem : pS ‘congress for enactment into law i “ ae ; * Shull embrace only oe sabe which sal be exes a te mga ge ae © Singed by eutors Belass File withthe Secretary ofthe Howse | . a ee fora ; } acedg. to application ae Jae Senedd pinay wopeaice ae, aod uch eating is dapened wih | © Bill will be subject wo debates, motions and sia ° Bil wl BE foted on ee | © Abill approved shal be included inthe calendar of bil for 3 reading | a ae 1935 easy yeas an b Acts) 1936. 1946 Congres 1946-1972, 1987 ~ ie | ~ serial number and/or title [the “Other House” approves without amendment | itis pase to the President tbe “Ober House” introduces amends, and isagrcment arise, diferences wal be seted by the Conference Commitee of both houses, houses inorder o be considered pass "ENACTMENT OF STATUTES. 9 Reet and recommendation of the 2 Conferece | Commits will have to be approved by both Power to mak, alter snd epel laws Vested in congress ~ 1987 Constitution President 1973 & Freedom (PD and BO respectively) ‘Sangguniang barangey, bayan, panglungsod, panlalawiga® only within respective jurisdiction ~ ordinances Administrative or exeeuive officer~ send back 10 the Hou dene Howe whee k | 6. Rarlod bn ad teh use for approval (© Bot be ote out rproves shall become « resident didnot ay on the il with in30 days | withdraw if there with in 30 d afer receipt, bi a of the Bill a del fourals - Conclave upon the © Wether is ais ‘etn en enrolled bil preva. mole bill end jours, [lls the bill as enrolled of preient wth in 30 dye er et Lanett ray ty 273 votes of ale cach house voting seperately. | (Courts may consult journals + Only ditercce ts tht they can ely rte fo the Lower House bu the Sete ay propo! enc Wi he amendments : | hich all be expesed he | 1947 Conte) recomendet bythe President XXX pariular approprition lined | OT ain fom coolomertion, unde one sate procedure for Congress is the same to all other of Heterogeneous subject department agencies (procedure for approving © Title of the bill should be couched in language sufficient 10 notify the legislators and the public appropriations ) © special appropriations ~ national treasurer! revenue and those concemed of the import of the single proposal subject. © ao tant of sppropisons ux autedty augment Aisretionary funds — fr public purposes me) the legislators of the obec, general appropriations bills ~ when re-enacted Hae ope oF hems pit bil endo eve the action and study of the legislators. (9p President my veto any particular item/s in an appropriation revenue, or tariff bil EE were * Indispensable “To prohibit duplicity in legisation og-rolling legislation ‘To prevent surprise or fraud upon the legislature ‘To fairly apprise the people, through publication of the subjects of the legislation (Used as a guide in ascertaining legislative intent ‘when the language of the act does aot clearly mocha | Se esat Se ee ae a By reason of public policy, authenticity of laws should rest Scie oe te a en ‘upon public memorials of the most permanent character in favor of the constitutionality ofthe statute + Soulbepusie | a Ell Bl : sett ea mit orks eqesal kee + impor abit etic | Si sald whe nde in bd ut clos he i caise ce slat sce at wos certs te passed by the assembly by the legislative and Tile should pot bea ‘* By signing of Speaker and Senate President ae Principles apply to titles of amendatory acts. : | a ant mao me a Fen ropa eae ate | 0 nyse act, US Legislators have tiles ending with the words “and for before it was certified by the officer of the assembly and other purposes” ( US is not subject to the same approved by the Chief Executive, the remedy ise ‘Constitutional restriction as that embodied inthe Philippine amendment by exacting a curive legion no by judicial | Constitution) LET departments © Thus, ifthere has been any mistake in the printing of the bill‘ich case the mullity the former vitites the ater * States the authority by which the acti enacted . “ By authority of the of RERSSSES. Sree tetnterrm * by authority of the US, be it lature" “Be it enacted by the ‘of the Philippines in and by authority ofthe same” "Be it enacted by the National “be it enacted by the Senate ves in congress assembled” ~ same . it enacted by the Batasang NOW THEREFORE, I President of the bby the powers vested in. me by the Constitution decree as follows” . “Now, therefore, 1, _hereby order” Mec cigs _feciung the purpose, reason, or occasion for making the law to which itis prefixed” Found afier enacting clase and before the body ofthe lw. ‘© Usually not used by legislations because content of the preamble is writen in te explanatory note. ‘* But PDs and EOs have preambles, meee ore, coe mot Wat esas ‘one subject matter, even there provisions should be allied Ls ceo A short tile Yiacen Ge sclontet Aor tetons imposing sanctions for voaton of 8 provisions Zt. transitory provision separability clause esi eo (© _acts of the Presdeat which relate 1 ‘sre tener oesion = poe esas administrative head 2 of the President Fixing dts or detring Saute oF condition of oa, {pon the existence of which the operon of specifi law or regulation is made to depend ‘© acts ofthe President on mates of administrative Metall or of qubordinate or Ble ‘which only concem a partculay officer or government to the atention of all or some of he. sgenctes, ‘of ofices of the gover, ore “Sapa as Commander Che of he ARR See Art8, Sev. 5(5) a, See An 6 Sec, 301987 Constiion _ © Tehas been beld that a lw which provides that «decision ‘4 quasi-judicial body be appesable directly wo the SC, if Gosoted: without the advice and concurence of the SC,* | Procsl les — meas of inplemen . whee fle an spd fr antigo yc HN scsi ee te ee, Sesh inewieiatg ts for vality to Rules shuld be germane wo te objects and purposes of the law = °- Regulations be non condition wit bat conform to the nar ha thy Ie res 27 The be forthe sole pupae of anying . in ete ego! pvc oe © Law cannot be rice or een © Law roils ‘ver retiona if tere ae + Rulemaking power of public administrative agency is a Relegated Tegslatve power — IT enlages OFS AT Salute i tava + Reguistes Tor delegating a statute by legislative branch to another branch of government to fll in detail exccution, ‘enforcement, or administration of law... the law must be Complete in itslt (99 Fix sundard which may be express or implied Example of “standard” — simplicity and dignity; public interest; public welfare: interest of Inw and order; justice and ‘equity and substantial merit ofthe case; adequate and eficient instruction 9 Change of “and/or” to “oe” ~ invalid © Change of “mnay"(permissive) to “shall” (cuandatory) — invalid (Grego v COMELEC pp 22) Administrative mlc and imeapretation distinguished ‘+ [Rule “makes” new law with the force and effect of a valid Taw, binding on the courts even if they are not in agreement with the policy tated therein or with its innate wisdom ‘© [sterpretation ~ merely advisory for it is the courts that ‘nally determine what the law means : ‘construction is not necessarily binding poo ‘ours it may be set aside by judicial department (if there ‘san eror of law, or abuse of power or lack of jurisdiction or GAD ~ grave abuse of discretion) ‘Barangay onfinance * [Sangguniang Biri smallest legislative body; may pass am ordinance by majority of all ts members; subject to review by Sangguniang bayan/ panglungsod +) Sangguniang’ aya! panglungsod — tke action on the condinance within 30 days fom _submiston, if ees “action, Wr preined We Be cousin wi he munsel or city ordinance; if inconsistency is found, it will remand to Maco” + Lodged in the Sangguniang bayen Majority ofthe quorum voting, ordinance is passed © Ordinance sent to Mayor within 10 days for approval or veto; if there's mayor's ination, onfinance is presumed approved; if vetoed and overridden by 2/3 of all members, ordinance is approved ‘+ ‘Approved ordinance is passed to Sangguniang panlalewigan for review Within 30 y invalidate in whole or in part and its action is final; if there's inaction within 30 (days itis deemed valid ‘+ Forwarded 1 the Governor who within 15 days toe receipt shall © Approve © Velo ~2/ ofall members — approved © Inaction - deemed approved VALIDITY ‘Every statute is presumed valid (© Lies on how a lw is enacted © Due respect 10 the legislative who passed and executive who approved. © Responsibility of upholding the constttion rests ‘ot on the courts alone but oa the legislative and executive branches 28 well Courts cannot inquire into the wisdom or propriety of laws * To declare a law unconstitutional, the repugnancy of the lw to the constitution must be clear and unequivocal + All reasonable doubts should be resolved in favor of the consitutionalty of law; 10 doubt iso sustain Final arbiter of of Law isthe Supreme ‘Court EN BANC (majority who took part and voted thereon) + Nonetheless, rial courts have jurisdiction to initially decide the issue of consitutioality of a lxw in appropriate cases i ‘Requitites for exercise of judicial power ‘The existence of an appropriate case ‘+ Interest personal and substantial by the party raising the constitutional question Plea thatthe function be exercised atthe earliest opportunity ‘+ Necessity thatthe constitutional question be passed pon ia order to decide the case | Avororate case : ‘Bona fide cate - one which mises ajusticable controversy + Jadicial power is limited only to_gea, actual, eumest, and - Er or court fevew; perins to issues which ae inherently susceptible of being decided on grounds recognized by law : ‘+ | Courts cannot rule on “political questions - questions which ‘are concemed with issues dependent upon the wisdom (v. legality) of particular actor measure being asaled (© *sepantion of powers” 0 However, Constitution expands the concept of {judicial review ~ judicial power includes the duty ‘ofthe cours of justice to seu actual controversies involving rights which are legally demandable and enforceable and to determine whether or not there ‘has been GAD amounting to lack or excess ofjurisdiction on the trnch “ oF the pat of am brane nsrumensliy ofthe Gavenunen Oe mata a personal’ subsantial interest ‘he ease such thatthe party has sustained or will stain ‘result of governmental ct that i being chal : an intrest in see affected bythe decree ‘acquires standing only i he can estaliah that he as suffered some actual er treatened concrete injury a # result ofthe allegedly iegal conduct ofthe government © Eg taxpayer when itis shown thet public funds have bon legally disued + Ment te Sate He legal sanding to question the vanity of the Presidential veto or 4 coon {imposed on a item in an appropriations bills wie does not sats the requirement of legal standing © Eg calling by the President for the deployment of the Philippine Marines fo join the PNP invisibility patrols around the metro the pleading new tril in {the lower cour: oF at any stage of the proceedings or on + ermal exes «BRUM were gprs centy hat deerinaoa of the question is necessary toa decision, and in cases where it involves the jurisdiction ofthe court below ‘Necessity of deciding constiutionality + where the constitutional question is of paramount public interest and time is of the essence in the resolution of such question, adherence tothe strict procedural standard may be relaxed and the court, i its discretion, may squarely decide the case + where the question of validity, though apparently bas become moot, has become of paramount interest and there is tndeniable necessity for a ruling, strong reasons of public policy may demand that is constitutionality be resolved ‘Testof constitrionality + is ihat the Coston provides in relation to what can may be doe under th tate, and no by what thas been done under not within te leitve ower to cnact © fvapue~anconsttuons 2 espects Volts da proces 2 Lewes Iw enforcers unbridled dlseretion in carying out provisions Where there's change of cumstances ~ i. emergecy laws + Ordinances (st of valid ae): Oil mst aot contravene the Constion or ny statute © Mtst not be unfio oppressive © Itmust not be pata or discriminatory must no probit but may regulate de ©) It imist be general and consistent with public policy © tmust ot be unreasonable Effects of unvonstiatonaliyy eon hte Inapotes no dies Aeris no protection Creates no ofce operative a iit had never been passed ‘Orthodox view — uneonstitional act is sta aw decision feet ALL (© Moder view — les stringent the cout in passing ‘upon the question of unconstiwsonality does not smal repeal the saute finds in conte with the Conetition, decisions affect paris ONLY and m0 judgment against the. sare, + Emergency laws “© Itis deemed valid atthe time ofits enactment at an exercise of police power ‘+ It becomes invalid only beeause the change of conivons makes ils continued operation violative ofthe Constitution, and accordingly, the declaration of its culty sbould only affect the parties involved inthe case and it effects applied prospectively ami invalidity General ul: that where part of statute i void a epugnant to the Constitution, while another partis valid, the valid portion, if separtble from the invalid, may stzad and be enforced (© Exception — that when parts of a statute are so emutally dependent and connected, as conditions, considerations, ‘inducements, or compensations for each othe, 35 to warrant A belef that the legislature intended them as a whole, the uly of one part wil vitiat the est suc a8 i he case of Tatad Sec of Deparment of Energy and Antonio v COMBLEC EFFECT AND OPERATION When laws take effect "Art 2.CC - “xxx laws tobe effective must be published either in the Official Gazette or ina newspaper of general circulation inthe country” ‘0 The effectivity provision refers t all stautes, including those local and private, unless there are special laws providing different effectivity rmechanisn for particular statutes ‘See 18 Chapter 5 Book | of Administrative Code Ertectivity of laws (0 default rule ~ 15-day period ‘must be published ether in the OG or newspaper ‘of general circulation in the county; publication rust be fll ‘The clause “unles itis otherwise provided” — solely refers to the 15-day period and aot to the requirement of publication “The President's ordinance power includes the authority t0 issue EO, AO, Proclamations, MO, MC and general or specific orders ‘s Requirement of publication applies except if it is merely interpretative or internal in nature not concerning the public 8 2iypes:"se pe ms © Those which are merely inrpreave mse or — mean ‘© Every agency shal file with the UP Law Center 3 Sacaenmerae Er ‘When local ondinance takes fist + Unsere ste he sane sl uke et 10 dae fom te ates cpp pedi al ard trons of ol el fo map Senay AND rat a’ concca es el gree et coer + Theseeny w Oe Sunggnancmomned sll cue the toring ot tr tan ay er opov nl be Soc a Engl or apne br eay et Sgn concer eal etd fc ta bok kp fou prone ing nf pov on posing * Gist oferdinance with penal sanctions shall be published in a newspaper of general circulation within the respective province eoncemed; if NO newspaper of genera circulation jin the province, POSTING shall be made in all ‘municipalities and cies of the province where the ‘Sanggunian of origin is situated For highly urbanized and independent component cities, ‘main features of the ordinance, in addition to the posting ‘requirement shall be published oace ina local newspaper. In the absence of local newspaper, in any newspaper of general circulation (© Highly urbanized city ~ minimum population of 200,000 and with latest annual income of at least 50M Php ‘Statutes continue in force until eepealed Permanent indefinite — law once established continues until changed by competent legislative power. It is not changed by the change of sovereignty, except that of political nature Temporary ~ in force only for a limited period, and they terminate upon expiration of the term stated or upod ‘occurrence of certain evens; no repealing statue is needed 'All people within the jurisdietion ofthe Philippines See Art 13 CC Where a statute requires the doing of an act within @ specified number of days, such as ten days from notice, it ‘means ten calendar days and NOT ten working days Eg. 1 year from Oct. 4, 1946 is Oct. 4, 1947 If last day falls on a Sunday or holiday, the act can sill be done the following day Principle of “exclude the first, include the last” DOES NOT "APPLY to the computation of the period of prescription of « ‘rime, in which rule, is that ifthe last day in the period of prescription of # felony falls on a Sunday or legal holiday, the information conceming said felony cannot be filed on the raext working day, as the offense has by then already prescribed CHAPTER TWO: Construction and Interpretation NATURE AND PURPOSE. Gy Week Construction defined . ewig coneuion beyond fie exe of he et pres ih ee though not within the text. oe bo + tt mei, er rer ito Ge comtcon ose the ply of UIDICTAL TUDOMENT mtn ho ne ‘erat ete aera + nates the EXERCISE OF CHOICE JUDICIARY "ome Construction and interpreiation distinguished They ae 90 alike i praca rit and so ae wed intectengbl yom ‘tof finding the eve ‘meaning and sense of ay form of words proses of drawing warranted conclusions not always included in diect expressions, ‘or determining the application cof words to fact in ligation A Rules of statutory construction are tools used to ascertain egisative intent once ‘+ Inenacting a statute, the legislature i presumed to know the rules of statutory construction, in case of doubt, be construed in accordance withthe setled principles of interpretation. ‘+ Legislature sometimes adopts rules of startory constuction ‘as pat of the provisions ofthe statute: - see examples page 49.50 LLegislanue also defines wo ascertain the meaning of vague, ‘broad words! tems ‘The purpose isto ascertain and give effec othe intent of the haw. ‘©The object of all judicial interpretation of saute is 1 determine legislative intent, cither expressly or impli by the language used; to determine the meaning and will ofthe law making body and discover its te interpretations of aw. th Wek, ich gives life wo legislative enactment. I ‘must be enforced When ascertained, although it may aot be consistent wih the strict letier ofthe statute It has been held, however, that that the ascertainment of legislative intent depend more on « determination af the purpose and abject of the law. Intent is sometimes equated withthe spirit are While the terms purpose, meaning, ‘oftentimes interchangeably used by the cours, not entirely synonymous=a ‘meaning is wiat the law, by its language, means, What it comprehends; + What it covers or embraces; + What its limits or confines ae + Intent and Meaning synoaymous Ie here i ambigty ini iy i the ngeage wed in» ste, Putpse may inde the meaing of he guage ‘to what the legislative intent is . ler ‘Gewphical illustration = Feaeraton of Free Famers Ch + RA No. 809 See 1 = “tn imac of writen niling serene hen the myo ep tile, he ueied sg swe as Grp a be divided between thom™ eed + RA 809 See 9 ~The proceeds of any inte in partition grated by th panes unde ite sone th preset shasta ved betwen te pata od his lburer ithe proportion of 60% abr at A a + To give te inpr in intpreing the (wo set i dete he pupae he ht + Teper 2 Connon prodsion of suger © To gant the Ioes a stare in the icresed paription of plans in th sua rice ‘The legate net its to make eae operive inepeive of wither tere xis ling genet ‘between central and the sugar planters, tis not enough to ascertain the intention ofthe statute; itis also necessary to see whether the intention or meaning hes bbeen expressed in such a way as to give it legal effect or validity” © Thus: The object of inquiry is not only to know what the legislamre used sufficiently expresses that meaning. The legal act is made up of 2 elements: © internal ~ intention (© extemal- expression ‘+ Failure ofthe later may defeat the former Ire statute as legislative intent because of ambiguity, the court may look beyond the statute What was in the legislative such ind atthe =. statute was enacted; what the circumstances were; what evil was meant to be ed the reason or cause which ir of the law, the mis bbe suppressed, and the policy which dictated its passage © When all these means fil, look into the effect of the law. x tte mea (tt ftw fe ‘sed it wil be jtical lesan - POWER TO CONSTRUE ‘Construction + His he cour that fs the Fat * comstres Iw as it decide cases based on fact and the nw + Lam an {Merete the context of 4 peculiar factual * Gircumstances of ime, place, event, person and paiculrty Word a8 10 what the taw be rationally and fairly dispensed ‘+ Moot and academic © Purpose has become stale © No practical relief can be granted © RelieFhas no practical effect + General rule (on mootnes) = dismiss the case © Exception: "IF capable of repetition, yet evading | Pili intrst oui is esouon ‘Rendering decision onthe merits would be of prectcal value + Teannotpreciude the cours from giving the statute different interpretation + Legistative—enact laws + Bxecutive- 1 execute laws ‘Judicial interpretation and application ‘+ Tf te legislature may declare what a law means — it will cause confusion..it will be violative of the fundamental briniples ofthe constitution of separation powers, * Legislative construction is called resolution oF declaratory act | Endencia v David © Explains why legislative cannot overrule Supreme Coun’s decision Perfecto. Meer © Art. 8 Sec. 9 1935 Constitution - SC’s interpretation: “shall receive such compensation as may be fixed by law, which | shall not be diminished durin their continuance in office” ~ ‘exempt from income tax Legislative passed RA $90 Seo. 13 ~ “no salary whenever received by any public officer of the Republic shall be ‘considered exempt from the income tax, payment of which is hereby declared not to be a diminution of his compensation fixed by the Constitution or by aw” ‘Source of confsion Violative of principle on separation of powers RA 590 See 13 ~ unconstitutional ‘Ast 8 Sec. 9 1935 ~ repealed by An. 15 Sec. 6 1973 CConstittion - “no salary or any form of emolument of any public officer or employee, including constitutional officer, shall be exempt from payment of income tax’ iary is not exempt from payment of tax anymore ‘When judicial interpretation may beso asideion of « * “Interpretat "ons may be set aside ~ de.” The interpreta ovson tye emer mediation oe ulin * aly when the law is ambiguous or doubt of meting ‘may the cour interpret of construe it intent. * A statute that is clear and unambiguous is not susceptible of susceptible of| + First and fundamental duty of cour —to apply the law * Construction ~ very last function which the court should exercise + Law is clear ~ a0 room for int only room for = terpretation, only room fe * Cours cannot enlarge or limit the law if itis clear and free from ambiguity (even ifaw is harsh or onerous ‘+ A meaning that does not appear nor is intended or reflected in the very language of the statute cannot be placed therein by construction Manikan v. TanodBbayan * Sec. 7 PD I716-A — “sole police authority” of EPZA officials may not be construed as an exception to, oF limitation on, the authority of the Tanodbayan to investigate complaints for violation ofthe anti-graft law committed by the EPZA officials EPZA’s power ~ not exclusive; “sole” refers to police authority not emplyed to describe other power Lapid v. CA Issue: whether or not the decision of the Ombudsman imposing a penalty of suspension of one year without pay is immediately executory © Administrative Code and LGC - not suppletory to Ombudsman Act ‘These three laws are related or deal with public officers, but are totaly different statutes ‘An administrative agency tasked to implementa statute may ‘not construe it by expanding its meaning where its provisions are clear and unambiguous Land Bank v. CA * DAR interpreted “deposits” to include trus accounts” ‘© SC held that “deposits” is limited only to cash and LBP bonds Libanan v. HRET ‘Stare decisis et nom guieta laid down a principle of fact, it will adbere fo that + SCrulings ae binding o inferior courts Lex prospict not respcit ~ the law looks forward, not backward ‘+ Rationale: Retroactive application of a law ssvally divest fights that have already become vested or impairs be ‘Obligations of coatract and hence is unconsiional, oe Gr nee pep Sine hs a em ae — [oe ee eee ocean ceed ecg Secs ce net ie oe fae a Ee = + Te Go Att ny os al ee eee oer eee eee rai ee ee Roa v. Collector of Customs Used jus soli (place of birth) ‘© SC favored jus sanguins (by blood) ‘+ However, the abandonment of the principle of jus soi did not divest the citizenship of those who, by virue of the principle before its rejection, became of were declared citizens ofthe Philippines Benzonan v. CA ‘© Issue: when to count the S-year period to repurchase granted CA 14 ‘Monge v Angeles (1957) and Tupas v Damaso (1984) ~ the date of conveyance or foreclosure sale : elisario v. IAC (1988) ~ from the period ater the ‘of the I-year period of repurchase The SC he a te dctin at shuld apy hat ‘was enunciated in Monge and Tupas because the involved took place prior to Belisario and not that which