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Philippine Statute Law

CONCEPT, SCOPE, TYPES,& CLASSIFICATIONS


a. General Classification
-Conventional or Subordinate
-External or Internal
b. Specific Classification
-Constitution
-Treaties
-Statutes Proper
-Municipal Charters
-Municipal Legislations

HOW A BILL BECOMES A LAW

-Administrative Rules and Regulations


-Court Rules
-Legislative Rules
-Presidential Issuances

Statute laws are the rules and regulations promulgated by


competent authorities; enactments of legislative bodies (national
or local) or they may be rules and regulations of administrative
(departments or bureau) or judicial agencies.
The power to make laws is lodge in the legislative department of
the Government.
Under the Constitution of the Republic of the Philippines (1987),
the legislative power, or the power to propose, enact, repeal and
amend laws, "shall be vested in the Congress of the Philippines
which shall consist of a Senate and a House of Representatives,
except to the extent reserve to the people by the provision of
initiative and referendum.

PARTS OF A STATUTE
Title -- The title of the statute is the heading on the preliminary part, furnishing the name by
which the act is individually known.
Preamble -- That part of the statute explaining the reasons for its enactment and the objects
sought to be accomplished.
Enacting Clause -- That part of the statute which declares its enactment and serves to
identify it is an act of legislation proceeding from the proper legislative authority.
Body -- The main and operative part of the statute containing its substantive and even
procedural provisions. Provisos and exemptions may also be found in the body of the
statute.
Repealing Clause -- That part of the statute which announces the prior statutes or specific
provisions which have been abrogated by reason of the new law.
Saving Clause -- a restriction in a repealing act, which is intended to save rights, pending
proceedings, penalties, etc., from the annihilation which would result from an unrestricted
repeal.
Separability Clause -- That part of the statute which provides that in the event that one or
more provisions are declared void or unconstitutional, the remaining provisions shall still be
in force and effect.
Effectivity Clause -- That part of the Statute which announces the effective date of the law.

Title:
Section 26 (1):
Every bill passed by the Congress shall be embrace
only one subject which shall be expressed in the title
thereof.
Rule: One Subject One Title Rule

Preamble:
Example:
WHEREAS, the Constitution of the Philippines describes the national
territory as comprising all the territory ceded to the United States
by the Treaty of Paris concluded between the United States and
Spain on December 10, 1898, the limits of which all the islands
embraced in the treaty concluded at Washington, between United
States and Spain on November 7, 1900, and in the treaty concluded
between the United States Great Britain on January 2, 1930, and all
the territory over which the government of the Philippine Islands
exercise jurisdiction at the time of the adoption of the Constitution.

Repealing Clause
Example:
Section 8. Repealing Clause Any law, presidential
decree or issuance, executive order, letter of instruction,
administrative order, rule or regulation contrary to or
inconsistent with any provision of this act is hereby
amended or modified accordingly.

KINDS OF STATUTES
General Law -- is one that affects the community at large. A law that relates to a subject
of a general nature, or that affects all people of the state or all of a particular class.
Special Law -- is one which is different from others of the same general kind, designed
for a particular purpose, limited in range, or confined to a prescribed field of action on
operation.
Local Laws -- are those which relates or operates over a particular locality.
Public Laws -- consist of constitutional, administrative, criminal and international law,
concerned with the organization of the State, the relations between the people and the
state, the responsibilities of public officers to the state, and the relations of states with
one another.
Private Laws -- are those which defines, regulates, enforces, and administers
relationships among individuals, associations and corporations.
Remedial Statutes -- are those which refer to the method of enforcing rights or of
obtaining redress of their invasion. It can be made to applicable to cases pending at the
time of its enactment.

Curative Statutes -- are those which undertake to cure errors and irregularities, thereby
validating judicial or administrative proceedings, acts of public officers, or private deeds and
contracts which otherwise would not produce their intended consequences by reason of some
statutory disability or failure to comply with some technical requirement. They operate on
conditions already existing, and are necessarily retroactive in operation.
Curative statutes are "healing acts x x x curing defects and adding to the means of enforcing
existing obligations x x x (and) are intended to supply defects, abridge superfluities in existing
laws, and curb certain evils x x x By their very nature, curative statutes are retroactive x x x
(and) reach back to past events to correct errors or irregularities and to render valid and effective
attempted acts which would be otherwise ineffective for the purpose the parties intended.
Penal Statutes -- are those which defines criminal offenses and specify corresponding fines and
punishments. It is enacted to preserve the public order, which defines an offense against the
public and inflicts a penalty for its violation.
Prospective Laws -- are those which applies only to acts or omissions committed after its
enactment.
Retrospective Laws -- are those which look backwards or contemplates the past. Laws which are
made to affect acts or facts occurring, or rights occurring, before it came into force.
Affirmative Statutes -- are those couched in affirmative or mandatory terms. One which directs
the doing of an act, or declares what should be done.
Mandatory Statutes -- are those which require, and not merely permit, a course of action.

CONSTITUTIONAL LIMITATIONS OF STATUTES


No ex post facto law or bill of attainder shall be enacted.
Every bill passed by the Congress shall embrace only one subject which shall be expressed in
the title thereof.
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.
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.

CLASSIFICAT
IONS

GENERAL
CLASSIFICATION
-Conventional or Subordinate
-External or Internal

CONVENTIONAL

SUBORDINATE

EXTERNAL

INTERNAL

SPECIFIC CLASSIFICATION
-Constitution
-Treaties
-Statutes Proper
-Municipal Charters
-Municipal Legislations
-Administrative Rules and Regulations
-Court Rules
-Legislative Rules
-Presidential Issuances

CONSTITUTION
(Saligang Batas ng Pilipinas)

Approved by the 1986 Constitutional Commission on October 12,


1986, the 1987 Constitution of the Republic of the Philippines was
presented to President Corazon C. Aquino on October 15, 1986. It was
ratified on February 2, 1987 by a plebiscite. It was proclaimed in force
on February 11, 1987.
The Philippine Constitution is that 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 several departments for their safe and
useful exercise for the benefit of the body politic.
It is the supreme written law of the land.

CLASSIFICATION
AS TO FORM:
Written- A written constitution is one whose precepts are embodied in one document or set of
documents
Unwritten- unwritten constitution consists of rules which have not been integrated into a
single, concrete form but are scattered in various sources, such as statues of a fundamental
character, judicial decisions, commentaries of publicists, customs and traditions, and certain
common law principles.
AS TO THEIR ORIGIN AND HISTORY:
Evolved or Cumulative It is the result of political evolution, not inaugurated at any specific
time but changing by accretion rather than by systematic method.
Enacted or Conventional It is enacted, formally struck off at a definitive time and place
following a conscious or deliberate effort taken by a constituent body or ruler
AS TO THE MANNER OF AMENDMENT:
Rigid - Rigid constitution is one that can be amended only by a formal and usually difficult
process
Flexible- Flexible constitution is one that can be changed by ordinary legislation.

QUALITIES OF A GOOD WRITTEN CONSTITUTION


Broad - Because it provides for the organization of the
entire
government and covers all persons and things within the
territory of the State and also because it must be
comprehensive enough to provide for every contingency.
Definite - To prevent ambiguity in its provisions which could
result in confusion and divisiveness among the people.
Brief It must confine itself to basic principles to be
implemented with legislative details more adjustable to
change and easier to amend.

ESSENTIAL PARTS OF THE CONSTITUTION:


Constitution of Government. The series of provisions outlining
the organization of the government, enumerating its powers,
laying down certain rules relative to its administration and
defining the electorate. (Art. VI-XI)
Constitution of Liberty. The series of prescriptions setting forth
the fundamental civil and political rights of the citizens and
imposing limitations on the powers of government as a means
of securing the enjoyment of those rights. (Art. II, III, IV, V & XII)
Constitution of Sovereignty. The provisions pointing out the
mode or procedure in accordance with which formal changes in
the fundamental law may be brought about. (Art. XVII)

FORMER CONSTITUTIONS OF
THE PHILIPPINES:
Cartilla and Sanggunian-Hukuman charter and code of
laws and morals of the Katipunan (Emilio Jacinto- 1896)
Provisional Constitution of Biak-na-Bato (Isabelo Artacho
and Felix Ferrer -1897)
Constitution of the Island of Luzon (Gen. Francisco
Macabulos - April 17, 1898)

FORMER CONSTITUTIONS OF THE PHILIPPINES:


The 1899 MalolosConstitution: approved by the Malolos Congress on November 29, 1898; approved by

President Aguinaldo on December 23, 1898; formally adopted by the Malolos Congress on January 20, 1899,
promulgated by President Emilio Aguinaldo on January 21, 1899.
The Philippine Organic Act of 1902 : enacted into law by the United States Congress on July 1, 1902
The Jones Law of 1916 : enacted into law by the United States Congress on August 29, 1916.
The 1935Constitution : as approved by the 1934 Constitutional Convention on February 8, 1935, certified by

the President of the United States on March 25, 1935, and ratified by plebiscite on May 14, 1935.
The 1943Constitution: as approved by the Preparatory Committee on Philippine Independence, September

4, 1943 and ratified by the KALIBAPI Convention, September 7, 1943.


The 1973Constitution : draft presented to President Marcos by the 1971 Constitutional Convention on

December 1, 1972; deemed ratified by Citizens Assemblies held from January 10 to 15, 1973, proclaimed in
force by Proclamation by President Marcos, January 17, 1973.
The 1986 Freedom Constitution : promulgated by Presidential Proclamation, March 25, 1986.

BACKGROUND OF THE 1987 CONSTITUTION


1. Proclamation of the Freedom Constitution
a. Proclamation No. 1, February 25, 1986, announcing that she (Corazon Aquino) and VP
Laurel were assuming power.
b. Executive Order No.1, (February 28, 1986)
c. Proclamation No.3, March 25, 1986, announced the promulgation of the
Provisional (Freedom) Constitution, pending the drafting and ratification of a new Constitution.
It adopted certain provisions in the 1973 Constitution, contained additional articles on the
executive department, on government reorganization, and on existing laws. It also provided
of the calling of a Constitutional Commission to be composed of 30-50 members to draft a
new
Constitution.
2. Adoption of the Constitution
a. Proclamation No. 9, creating the Constitutional Commission of 50 members.
b. Approval of the draft Constitution by the Constitutional Commission on October 15,1986
c. Plebiscite held on February 2, 1987
d. Proclamation No. 58, proclaiming the ratification of the Constitution.

TREATIES
"Treaty" means an international agreement concluded between
States in written form and governed by international law,
whether embodied in a single instrument or in two or more
related instruments and whatever its particular designation.

FUNCTIONS OF TREATIES:
Enable parties to settle actual and potential conflicts
Make it possible for the parties to modify the rules of
international customary law by means of optional
principles or standards

ESSENTIAL REQUISITES FOR A VALID


TREATY:
Entered into by parties with the treaty-making capacity
Through their authorized representatives
Without the attendance of duress, fraud, mistake or
other vice of consent
On any lawful subject matter
In accordance
processes

with

their

respective

constitutional

TREATY-MAKING PROCESS
1.

Negotiation

-Parties submit a draft of the proposed treaty which becomes the basis of the
Negotiations

2. Signature
means of authenticating the instrument and symbolizing the good faith of the
parties BUT does not indicate final consent

3. Ratification
4. Exchange of instruments of ratification

STATUTES PROPER
ACTS OF THE PHILIPPINE LEGISLATURE
Legislative Acts of the Legislature established by virtue of the
Philippine Bill of 1902, as implemented in 1907 with the election of
the First Philippine Assembly, which became the lower house in
tandem with the Philippine Commission. The Philippine Legislature
came to an end with the adoption of the 1935 Constitution and the
inauguration of the Commonwealth of the Philippines.
COMMONWEALTH ACTS
Legislative Acts passed by the legislature established by virtue
of the 1935 Constitution: first the National Assembly, then the
Congress of the Philippines. Beginning July 4, 1946, with the
restoration of the independence of the Philippines, the legislative

PRESIDENTIAL DECREES
Presidential Decrees were an innovation made by President Ferdinand E.
Marcos with the proclamation of Martial Law. They served to arrogate unto the
Chief Executive the lawmaking powers of Congress. Only President Marcos issued
Presidential Decrees. In the Freedom Constitution of 1986, President Corazon C.
Aquino recognized the validity of existing Presidential Decrees unless otherwise
repealed.
BATAS PAMBANSA
Legislative Acts of the legislature established by virtue of the 1973
Constitution. The Batasang Pambansa was abolished with the assumption of
revolutionary powers by President Corazon C. Aquino and the promulgation of the
1986 Freedom Constitution. However, Article IV of the 1986 Freedom Constitution
recognized the validity of Batas Pambansa unless otherwise repealed or amended.
REPUBLIC ACTS
A Republic Act is a piece of legislation used to create policy in order to carry
out the principles of the Constitution. It is crafted and passed by the Congress of
the Philippines and approved by the President of Philippines. It can only be
repealed by a similar act of Congress.

LEGISLATIVE HISTORY
It began with the unicameral Malolos Congress of the short-lived
Philippine Republic of 1898-1899, followed by the Philippine
Commission of 1901, a colonial legislative system composed of allAmerican appointees. This body then evolved into a bicameral,
predominantly elective, Filipino-controlled legislature by virtue of the
Jones Act of 1916, and lasted until November 1935 when the semiindependent Commonwealth Government was inaugurated. A
unicameral National Assembly replaced the bicameral body after the
1935 Philippine Constitution was ratified. In 1941, the Constitution was
amended, again restoring the bicameral legislature that came to be
called the Congress of the Philippines.
Except during the Japanese-sponsored Philippine Republic from 19421945, the Congress functioned as the national legislature until
September 1972 when President Ferdinand E. Marcos placed the
country under martial law.

When martial law was declared, the Constitutional Convention, by


virtue of an Act of Congress in 1971, was in the process of drafting a
new Constitution. The final draft was adopted by the Convention on
November 29, 1972. This was ratified and proclaimed by President
Marcos on January 17, 1973 amidst widespread protest and
controversy. With the proclamation of a new Constitution, the
presidential form of government was changed to a modified
parliamentary form. Congress was abolished and was replaced by an
elected unicameral National Assembly, known as Batasang Pambansa.
The Batasang Pambansa was made up of a maximum of 200 Members
elected from different provinces with their component cities, highly
urbanized cities and districts of Metropolitan Manila, appointed
representatives from various sectors such as the youth, agricultural
and industrial labor sectors, and those chosen by the President from
the members of the Cabinet. The Members had a term of six years.

1986 EDSA Revolution, the world-famed bloodless coup


of February 22-25, 1986 ushered in a new political
regime. President Corazon Aquino, backed by a coalition
of forces from both ends of the political spectrum,
forged a new government, triggering a chain of events
that dramatically changed the political landscape of the
country and signaled the rebirth of democracy.
These political changes were:
the abolition of the Batasang Pambansa following the
proclamation of a new revolutionary government;
the organization of a Constitutional Commission that drafted a
new charter which, in turn, was ratified in February 1987;
the rebirth of the old bicameral system; and the election of

The new Congress has the biggest membership and is probably the
most powerful among its predecessor legislatures. The Constitutional
Commission (ConCom) clothed it with vast powers to perform a wider
and more dynamic role.
The new bicameral Congress consists of the Senate and the House of
Representatives. The upper chamber or the Senate is composed of 24
Members elected at-large by the qualified voters of the Philippines. On
the other hand, the lower chamber or the House of Representatives is
composed of
"not more than 250 Members, who are elected from legislative
districts apportioned among the provinces, cities and the Metropolitan
Manila area in accordance with the number of inhabitants, and on the
basis of a uniform and progressive ratio and those, as provided by law,
elected through a party-list system of registered national, regional and
sectoral parties or organizations". [Sec. 5(1), Art. VI, 1987 Philippine
Constitution]

INTERPRETATION OR CONSTRUCTION:

Verba Legis or Plain meaning rule

- Whenever possible the words used must be given their


ordinary meaning except when technical terms are employed.
-Where the statute is clear, plain and unambiguous on its
face so that taken by itself it is fairly susceptible to only one
construction, that construction must be given to it.
Ratio legis et anima or Interpretation according to spirit

- The words of the statute should be interpreted in


accordance with the purpose of the legislature sought to
achieve by enactment of the statute

ADMINISTRATIVE RULES AND


REGULATIONS
The fundamental rule in administrative law is that,
to be valid, administrative rules and regulations must be
issued by authority of law and must not contravene the
provisions of the Constitution. The rule-making power of
an administrative agency may not be used to abridge the
authority given to it by Congress or by the Constitution.
Nor can it be used to enlarge the power of the
administrative agency beyond the scope intended.
Constitutional and statutory provisions control with
respect to what rules and regulations may be
promulgated by administrative agencies and the scope of
their regulations. (DAR v. Uy, G.R. No. 169277, February

Rules and regulations issued by administrative or executive


officers in accordance with, and as authorized by, law have the
force and effect of law or partake the nature of a statute.
In case of conflict between the basic law and the regulations
issued to implement it, the former prevails over the latter.
The rule-making power of a public administrative agency is a
delegated legislative power.
THESE ADMINISTRATIVE RULES AND REGULATIONS MUST BE:
Complete in itself- it must set forth the policy to be executed,
carried out or implemented by the delegate
Fix a standard the limits of which are sufficiently determinate or
determinable to which the delegate must conform in the
performance of his functions.

Powers of Administrative Agencies


Quasi-legislative power / Power of subordinate legislation
- It is the authority delegated by the law-making body to the
administrative body to adopt rules and regulations intended to
carry out the provisions of a law and implement legislative policy.

Quasi-judicial power/Power of adjudication


- It is the power of administrative authorities to make
determinations of facts in the performance of their official duties
and to apply the law as they construe it to the facts so found. The
exercise of this power is only incidental to the main function of
administrative authorities, which is the enforcement of the law.

Requisites of a Valid Administrative


Regulation
Its promulgation must be authorized by the legislature.
It must be within the scope of the authority given by the
legislature.
It must be promulgated in accordance with the
prescribed procedure.
It must be reasonable

Requirement of Publication
Administrative Regulations that MUST be published:

-Administrative regulations of GENERAL application.


-Administrative regulations which are PENAL in nature.
Administrative regulations that do NOT NEED to be
PUBLISHED:

-Interpretative regulations
-Internal rules and regulations governing the personnel of
the administrative agency.
-Letters of instruction issued by administrative superiors
concerning guidelines to be followed by their subordinates.

COURT RULES
These are promulgated by the Supreme Court,
governing practice pleadings and procedures before all
tribunals. These rules have the force and effect of law if
they are not in conflict with positive or substantive laws.
These rules shall be liberally construed in order to
promote their object and to assist the parties in
obtaining just, speedy, inexpensive determination of
every action and proceeding (Sec. 2, 1984 edition of the
Rules of Court)

Legislative Rules

PRESIDENTIAL ISSUANCES
Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or
statutory powers shall be promulgated in executive orders.
Acts of the Chief Executive of the Philippines, whether in the
exercise of the executive power or broader powers conferred by
emergency or at particular periods.
The power of the President of thePhilippinesto issue executive and
administrative orders and proclamations is based on Article VII,
Section 17: The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed of the Constitution. These orders have the force
and effect of laws and are secured of rights, duties and obligations

Those which the President issues in the exercise of his ordinance


power.
-Include
E.O.,
A.O.,
Proclamations,
Memorandum
Memorandum circulars and general or special orders

orders,

Under the ADMINISTRATIVE CODE OF 1987:


EXECUTIVE ORDERS- acts of the President providing for rules of a
general or permanent character in the implementation or execution of
constitutional or statutory powers. (Sec. 2)
ADMINISTRATIVE ORDERS- acts of the President which relate to
particular aspects of governmental operations in pursuance of his duties
as administrative head. (Sec. 3)
PROCLAMATIONS- acts of the President fixing a date or declaring a
statue or condition of public interest, upon the existence of which the
operation of a specific law or regulation is made to depend. (Sec. 4)

MEMORANDUM ORDERS- acts of the President on matters


of administrative detail or of subordinate or temporary
interest which only concern a particular officer or office of
the government. (Sec. 5)
MEMORANDUM CIRCULARS- acts of the President on
matters relating to internal administration of the
departments, agencies, bureaus or offices of the
government for information and compliance. (Sec. 6)
GENERAL OR SPECIFIC ORDERS- acts and commands of
the President in his capacity as Commander-in-Chief of
the AFP. (Sec. 7)

Municipal Legislation
The law specific to a particular
city or municipality. This can
cover a wide range of issues,
including everything from police
powerzoning
, education policies, and property
taxes.

Municipal Charter
It is the basic document that defines
the organization, powers, functions
and essential procedures of a
municipality/city. It is comparable to
the Constitution. The charter is,
therefore, the most important legal
document of any municipality/city.

Since the beginning of American


colonial rule, Philippines cities were
formally established through laws
enacted by the various national
legislatures in the country. The
Philippine
Commission gave the city of Manila it
s charter in 1901, while the city of
Baguio was established by the
Philippine Assembly which was compo
sed by elected members instead of a
ppointed ones. During the
Commonwealth era, the

HOW A BILL
BECOMES A LAW

A bill is a law in the making. It


is
a
proposed
legislative
measure
introduced
by
a
member
of
Congress
for
enactment into law.
It passes into law when it is
approved by both houses and
the
President
of
the
Philippines.

Engrossed Bill
a bill printed or written in the final form
in which it is presented for the third
reading in a house or chamber of a
legislative body

Enrolled Bill
- The bill as passed by Congress authenticated by
the Speaker and Senate President and approved
by the President
- The copy of a bill in the form in which it is
passed in the legislature including all changes
introduced before enactment that is kept as
evidence of the law