You are on page 1of 42

Our statutory law consists mainly of the following:

1. 2.

4. 5.


The 1987 Constitution Treaties and International Agreements Statutes enacted by the Legislature Administrative Rules and Regulations Ordinances enacted by the Autonomous Regions Ordinances enacted by Local Government Units

Constitution , Definition The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic (Justice G. Malcolm)
Law; of highest authoritativeness and obligation; supreme

law of the land, ultimate authority, reference to determine validity of national laws, administrative regulations, local ordinances and executive actions.

Constitution, History There are four (4) regular Philippine Constitutions from the Malolos Convention to the present:
Malolos Constitution 1935 Constitution 1973 Constitution 1987 Constitution

1943 Constitution*
1986 Constitution**
*declared null and void **provisional

Philippine History Negritos, Malays who settled in scattered communities called barangays; chieftain or datus Chinese traders, Arab Islams
1521 Magellan discovered Philippines; 377 years
Fundamental law states that we are governed by special law All laws originated from Spain These can be found in Leyes Constitucionales de Espana,

Derecho Parliamentario Espanol; Cortes representation was recorded in Efemerides Filipinas, Filipinas en las Cortes

Philippine History The Treaty of Paris

December 10, 1898 Treaty of Paris legal milestone,

start of constitutionalism Terminated the war between Spain and U.S.

Official text can be found in Official Gazette Vol. 1

(Appendix) Published in the official repository: Acts of Congress and Treaties Pertaining to the Philippine Islands

Philippine History Malolos Constitution 1899

June 12, 1898 - Philippine independence, first Phil Republic

was established, Aguinaldo as President; Jan. 21, 1899 Malolos Constitution was promulgated Influences include:

Cartilla and Sangguniang Hukuman charter and code of

Katipunan by Emilio Jacinto Provisional Constitution of Biak na Bato Constitution for island of Luzon Provisional constitution of Mariano Ponce Constitutional Program of Phil. Republic by A. Mabini Autonomy projects of Paterno

Philippine History Malolos Constitution 1899

Official repository are organs of various revolutionary

govt. e.g. Heraldo Revolucion La Revolucion Filipina published by Bureau of Printing Noted in the Reports of the Philippine Commission to the President by Government Printing Office Vol. 4 Other various sources: Calderon, Mis Memorias Sobre La Revolucion; Kalaw, La Constitucion de Malolos; Retana, Archivo del Biblio Filipino, etc.

Philippine History The American Regime

Constitution under federal government is also known

as Organic Law usually enactment of Congress Principal organic laws of Phils. prior to 1935 Constitution:
The Treaty of Paris 1898 Pres. Instruction to the Second Phil Commission 1900 Spooner Amendment 1901

The Act of Congress/Philippine Bill 1902

Act of Congress/Phil Autonomy Act /Jones Law 1916

Philippine History The American Regime Organic Acts

All are found in the official repository Public Laws

(Philippine Commission and Philippine Legislative) Acts of Congress and Treaties pertaining to the Philippine Islands (GPO, 1920)

Pres. Mc Kinleys Instructions, 1900

Legislative power was vested in a unicameral body called

the Philippine Commission Ref.: Encyclopedia of the Phils, 1957 Vol XI

Spooner Amendment, 1901
First action of U.S. Congress asserting its right to govern

the Philippines Civil government was established; William Howard Taft as first governor Ref.: U.S. Statutes at Large Vol. 31

The Philippine Bill 1902

Provided for the calling of Philippine Assembly in a

bicameral legistlature Ref.: text was published in U.S. Statutes at Large, Vol. 32 and U.S. Codes Titles 2 and 48
The Philippine Autonomy Act / Jones Law 1916
established Philippine legislature; Senate Pres. M.

Quezon and Speaker of the House S. Osmena Superseded Spooner Amendment; chief organic law of Phils

The Commonwealth Period

The Tydings Mc Duffie Law 1934

Signed by U.S. President F. Roosevelt; approved by

Philippine Legislature Lead to the inauguration of the Commonwealth Government Promised independence during 10 year transition

The 1935 Philippine Constitution

The Philippine Independence Law authorized calling

for a Constitutional Convention Ratified the Commonwealth Constitution May 14, 1935 Philippine Legislature was abolished; National Assembly
Ref.: Public Laws of the Philippines Vol. 30; Official

Gazette Vol. 34; Proceedings of the Constitutional Convention of 1935 donated by Senator Jose P. Laurel; Journal of 1935 Con Con (3 vols) published by East Publishing Co.

Japanese Period

The 1943 Constitution of the Republic of the

Philippines drafted under Jose P. Laurel while in national emergency 1973 Constitution
1972 Proclamation 1081 P.D. No 73 calls for ratification or rejection of

Constitution Provides for parliamentary form of government Ref: Constitutional Convention Archives in the U.P. Law
The Provisional Constitution of 1986

1987 Constitution

Corazon Aquino issued Pro. 9 calling for the new draft

of the Constitution Constitutional Commission 1986 was created Creates a bicameral legislature Senate and House of Representatives Executive power to the president, judicial powers to the Supreme Courts and lower courts

The Constitution is the Supreme Law of the Land In case of conflict, Constitution must prevail Precedence and hierarchy of Laws Philippine Constitution, Statutes, IRR (written by agencies in the Executive


Doctrine of Hierarchy of Laws IRRs being subordinate cannot supersede a law passed by Congress Legal Basis for the Precedence and Hierarchy of Laws Art. 7 NCC Interpretation of Constitution Follow the usual rules on construction and interpretation Unconstitutionality of Statutes Art. 10 NCC justice and right to prevail Effects of Declaration of Unconstitutionality Orthodox view unconstitutional law is not a law, confers no rights, impose

no duties, affords no protection, creates no office, inoperative as if it was not passed Modern view courts simply refuses to recognize ; as if no statute

Same force of authority as legislative enactments; Defined as a compact made between two or more

independent nations with a view to the public welfare; Philippines is signatory and concluded treaties as a member of family of nations
Official Gazette
Official text of treaties entered into between the Philippine

and foreign nation

Treaty Series by DFA
starting 1947 at irregular intervals

What Where Official text of treaties entered into between Philippines Official Gazette Treaty Series Acts of Congress and Treaties Pertaining to the Philippine Islands DFA



irregular intervals
published 1920

Treaties affecting Phils before adoption of Constitution Materials for treaties and international agreements where Phils is signatory

Philippine Treaty Series

Index to above

Philippine Treaties Index arranged alphabetically by country or international agency arranged by subject

UP Law Center Foreign Service Institute

7 volumes 1946 to 1982


Index - Bilateral Agreements Index - Multilateral Agreements

What Where Treaties and other international The Lawyers Review, Int'l Law agreements Documents
Law of the Sea


1995 Edition 1996 Edition 1983 1989 1976 1967 1984

UP Law Center

Philippine Yearbook of Int'l Laws Document in Contemporary Int'l. Dean Marlene Law Magallona
Vital ASEAN Documents UP Law Complex The Ocean Law and Policy Series UP Law Complex Philippine Trade and Economic Agreements UP Law Complex World Bulletin UP Law Complex

Secondary Materials on Treaties and International Agreement Cases and Materials on International Law Vicente Abad Santos 1971 Public International Law J.R. Salonga 1974 J.R. Coquiia and M.D. International Law Santiago 1998 Edition International Law I.A. Cruz 1998 Edition International Law with Philippine cases and Materials and Asean Instruments M.D. Santiago 1999 Edition

Orders, rules and regulations issued by the President

and heads of departments, bureau and other agencies of the government for the effective enforcement of laws within their jurisdiction.
In order that such rules and regulations may be valid,

they must be within the authorized limits and jurisdiction of the office issuing them and in accordance with the provisions of the law authorizing their issuance.

Executie Order acts of the President providing for rules of a general or permanent character in the implementation or execution of constitutional/ statutory powers. Administrative Order acts relate to particular aspects of governmental operations in pursuance of his duties as administrative head

Proclamations acts fixing a date or declaring a statute 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 acts on matters of administrative details or of subordinate or temporary interest which only concern a particular officer or office of government Memorandum Circular acts on matters relating to internal administration which desires to bring to the attention of all or some of the departments, agencies, bureaus, or offices of the government, for information ofcompliance

In researching these types of materials, there are two important items needed:
Issuing Agency Year it was promulgated.

This is due to the fact that all Department, Bureaus, and other government agencies use the administrative orders, memorandum orders and memorandum circulars for their administrative rules and regulations and they start always with number 1 every year. Even the Supreme Court issues Administrative Orders, Circulars, Memorandum Orders, and Administrative Matters.

Requirement of publication applies except if it is

merely interpretative or internal in nature not concerning the public

Requirements of filing (1987 Administrative Code):

Book VII Sec. 3. Filing. - (1) Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within three (3) months from that date shall not thereafter be the basis of any sanction against any party or persons.

Book I Sec. 24. Contents. - There shall be published in the Official Gazette all legislative acts and resolutions of a public nature; all executive and administrative issuances of general application; decisions or abstracts of decisions of the Supreme Court and the Court of Appeals, or other courts of similar rank, as may be deemed by said courts of sufficient importance to be so published; such documents or classes of documents as may be required so to be published by law; and such documents or classes of documents as the President shall determine from time to time to have general application Or which he may authorize so to be published.
The publication of any law, resolution or other official documents in the Official Gazette shall be prima facie evidence of its authority.


CREATED BY THE Board of Regents at its 1239th meeting on March 1991, pursuant to the Administrative Code of 1987 which requires the UP Law Center to be the repository of all rules and regulations adopted/issued by the different government agencies

The Law Center is also required by this mandate to publish

quarterly all rules and regulations filed therewith. The ONAR which created for the purpose evaluates all rules filed, according to a set of criteria, and performs the entire publishing process from encoding , proof-reading, layouting and printing

Official Gazette ONAR

Each department, bureau, or agency issuing such

orders, rules and regulations are expected to keep official records and files thereof and mimeograph copies

The basic local government units are the provinces,

cities, municipalities, and barangays. They each have lawmaking powers to pass ordinances which are usually of local interests only.
A local ordinance is legally ineffective if inconsistent

with statutory enacted by congress.


SEC. 16. General Welfare. - Every local government unit shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.

Empowers local government units to enact and

implement measure for the general well-being of their inhabitants.

Its basis is the police power of the state as delegated to

local government units.

Powers of LGU are not absolute. Subject to limitation

by constitution and laws and should refrain from making acts which prejudice or adversely affect the general welfare.

Barangay ordinance
Sangguniang barangay smallest legislative body; may

pass an ordinance by majority of all its members; subject to review by Sangguniang bayan/ panglungsod
Sangguniang bayan/ panglungsod take action on the

ordinance within 30 days from submission; if theres inaction, it is presumed to be consistent with the municipal or city ordinance; if inconsistency is found, it will remand to the Sangguniang barangay

Municipal ordinance
Lodged in the Sangguniang bayan

Majority of the quorum voting, ordinance is passed

Ordinance sent to Mayor within 10 days for approval or

veto; if theres mayors inaction, ordinance is presumed approved; if vetoed and overridden by 2/3 of all members, ordinance is approved
Approved ordinance is passed to Sangguniang

panlalawigan for review

Within 30 days may invalidate in whole or in part

and its action is final; if theres inaction within 30 days, it is deemed valid

City ordinance
Vested in Sangguniang panglungsod Majority of the quorum voting, ordinance is passed Submitted to Mayor within 10 days

Approve Veto 2/3 of all members approved Inaction deemed approved

If city or component city submit to Sangguniang

panlalawigan for review which shall take action within 30 days, otherwise, it will be deemed valid

Provincial ordinance
Sangguniang panlalawigan majority of quorum

voting, passage of ordinance

Forwarded to the Governor who within 15 days from

receipt shall
Veto 2/3 of all members approved Inaction deemed approved

When local ordinance takes effect

Unless otherwise stated, the same shall take effect 10

days from the date a copy is posted in a bulletin board at the entrance of the provincial capitol or city, municipality or barangay hall, AND in at least 2 other conspicuous places in the local government unit concerned.

The secretary to the Sangguinian concerned shall

cause the posting not later than 5 days after approval; text will be disseminated in English or Tagalog; the secretary to the Sangguinian concerned shall record such fact in a book kept for that purpose, stating the dates of approval and posting
Gist of ordinance with penal sanctions shall be

published in a newspaper of general circulation within the respective province concerned; if NO newspaper of general circulation in the province, POSTING shall be made in all municipalities and cities 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 once in a 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 Pesos

SEC. 511. Posting and Publication of Ordinances with

Penal Sanctions. (a) ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later.

(b) Any public officer or employee who violates an ordinance may be meted administrative disciplinary action, without prejudice to the filing of the appropriate civil or criminal action. (c) The secretary to the sanggunian concerned shall transmit official copies of such ordinances to the chief executive officer of the Official Gazette within seven (7) days following the approval of the said ordinance for publication purposes. The Official Gazette may publish ordinances with penal sanctions for archival and reference purposes.