D.

Issuances, Rules and Ordinances

1.20 Presidential Issuances

- are those which the president issues in the exercise of his

ordinance power.
- They include executive orders, administrative orders,
proclamations, memorandum orders, memorandum
circulars, and general or special orders. These issuances have
the force and effect of laws
David v Arroyo, G.R. No. 171396, May 3, 2006

The President is granted an Ordinance Power under Chapter 2, Book III of

Executive Order No. 292 (Administrative Code of 1987), she may issue any
of the following:

●Executive Orders
●Administrative Orders
●Proclamations
●Memorandum Orders
●Memorandum Circulars
●General or Specific Orders
Ople v. Torres, G.R. No. 127 686, July 23, 1996

This designed the scope of the ordinance power of the President,

which seeks to declare unconstitutional Administrative Order No. 308
unconstitutional Administrative Order No. 308 entitled “Adoption of a
National Computerized Identification Reference System” on two
important constitutional grounds, namely one, it is a usurpation of the
power of Congress to legislate, and two, it impermissibly intrudes on
our citizentry’s protected zone of privacy.
Administrative Rule and
Regulations
● 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.
● The rules should be germaine to the objects and purposes of
the law;
● The regulations should not be in contradiction with, but
conform to the standards that the law prescribes;
● It should be for the sole purpose of carrying into effect the
general provisions of the law.
● By such regulations, the law itself cannot be extended, nor its
terms and provisions restricted.
● In case of discrepancy or conflict between the basic law and
the regulations issued to implement it, the former prevails over
the latter.
● A statue is superior to an administrative regulation and the
former cannot be repealed or amended by the latter.
● The rule-making power of a public administrative agency is
delegated legislative power.
● It may not use the power to bridge its authority beyond the
scope intended.
● It may not issue rules and regulations which are inconsistent
with the provisions of the Constitution or a statue, or which are
in derogation of, or defeat the purpose of the statute which
created it.
● A rule or regulation which restricts or enlarges such statute is
invalid.
● While the legislature may delegate to another branch of
government the power to fill in the details in the execution,
enforcement or administration of law, it is essential that said
law be complete in itsel has a fixed standard
● The standard, may either be expressed or implied from the
policy and purpose of the act as a whole, marks its limits,
maps out its boundaries and specifies the public agency to
apply it.
● It indicates the circumstances, under which the legislative
command is to be effected.
● It is the criterion by which legislative purpose may be carried
out.
● The executive or administrative officer designated may, in
pursuance of the guidelines, promulgate the rules and
regulations.
● What are the qualities of an adequate standard?
Simplicity and dignity;
public interest;
public welfare;
interests of law and order;
justice and equity; and
adequate and efficient instructions.
● Rules and regulations promulgated in pursuance of the
procedure or authority conferred upon the administrative
agency by law, partake the nature of a statute, and compliance
therewith may be enforced by a penal sanction provided in the
law. Cemco Holdings, Inc. v. National Life Insurance Co., G.R.
No. 171815 (Aug. 7, 2007)
● Statutes are usually couched in general terms, after
expressing the policy, purposes, objectives, remedies and
sanctions intended by the legislature. The details and the
manner of carrying out the law are often times left to
administrative agency entrusted with its enforcement.
Illustrations:
The law on the Home Development Mutual Fund or PagIBIG Fund
provides that waiver or suspension of coverage group who have
their own “provident/retirement and/or employee group who Have
their own “provident/retirement and/or employee housing plans.”
In the exercise of its rule-making power, he board of the HDMF
issued rules and regulations, providing that a waiver or
suspension of covergae would be in favor of those who have their
own “provident/retirement and housing plans, deleting the word
“or” from the law. The board justified such rules by saying that the
“and/or” grants the board the option of making it both. will best
effectuate the purposes intended by the legislature.” By deleting
the word “or” and leaving only “and” in the rules and regulations,
The Court ruled that the words “and/or” mean that “effect shall be
given to both the conjunctive “and” and the disjunctive “or”, or that
one word or the other may be taken accordingly as one or the
other obviously contemplates that the existence of either plan is
considered as sufficient basis for the grant of an exempltion” and
“to require the existence of both plans would radically impose a
more sringent condition for waiver which was not clearly
envisioned by the basic.”
In another case, the law involved was Sec. 6 of R.A. No. 6646,
which provides in part that-

“If for any reason, a candidate is not declared by final judgment

before an election to be disqualified and he is voted for and
receives the wining number of votes in such election, the Corut or
Commission shall continue with the trial and hearing of the action,
inquiry or protest and, upon motion of the complainant or any
intervenor , may during the pendency thereof order the
suspension of the proclamation of such candidate whenever the
evidence of his guilt is strong.”
The Commission on Elections issued Section 5, Rule 25 of its
Rules of Procedure, which provides in part that the “proclamation
shall be suspended notwithstanding the fact that he received the
winning number of votes in such election,” changing the word
“may” in the law by the word “shall” in said Rule. The Court ruled
that it was improper and highly irregular for the COMELEC to have
used instead the word “shall” in its rules, for the word “may”
indicates that the suspension of a proclamation is only directory
and permissive imports a command and requires the suspension
to be mandatory.
The Court added that “being merely an implementing rule, the
same must not override, but instead remain consistent and in
harmony with the law it seeks to apply and implement.
Administrative rules and regulations are intended to carry out,
neither to supplant not to modify, the law.”
END OF SLIDE
Illustrative case:
VALIDITY OF EXECUTIVE ORDERS, RULES AND REGULATIONS
Requisites for Validity

I. Its promulgation must be authorized by the legislature.

I. It must be promulgated in accordance with the prescribed procedure.

I. It must be within the scope of the authority given by the legislature.

I. It must be reasonable.
 Illustrative case

► G.R. No. 164171 February 20, 2006

Executive Secretary v. Southwing Heavy Industries, Inc.
Executive Secretary v. Southwing Heavy Industries, Inc.

► Facts:
► Respondents are all locators inside the Subic Bay Freeport, who are
all exporters of used motor vehicles and spare parts, except used
cars.
► Subic Bay Freeport, as provided by RA 7227, “a separate customs
territory.”
► Executive Order 156 was issued by President Arroyo.
► EO 156 intends to promote the growth of he local vehicle
manufacturing industries and thus prohibiting the importation of
used cars.
Executive Secretary v. Southwing Heavy Industries, Inc.

► Issue:
► Whether or not Executive Order 156 banning the
importation of used vehicles through the Free Trade
Zone is valid.
Executive Secretary v. Southwing Heavy Industries, Inc.

► Ruling:
► 1st Requisite: EO 156 satisfied the first requisite of a valid administrative
order. It has both constitutional and statutory bases.
► The Delegation of legislative powers to the President is permitted in Section
28(2) of Article VI of the Constitution.
Executive Secretary v. Southwing Heavy Industries, Inc.

► Ruling:
► 2nd Requisite: The respondents did not question the procedure that paved
the way for the issuance of EO 159.
► Considering the principle that in the absence of evidence to the contrary,
acts of other branches of the government are presumed to be valid.
► There being no objection from the respondents as to the procedure in the
promulgation of EO 156, therefore it is presumed to be valid.
Executive Secretary v. Southwing Heavy Industries, Inc.

► Ruling:
► 3rd Requisite: EO 156, exceeded the scope of its application by extending
the prohibition on the importation of used cars to the Freeport, as
considered by RA 7227, as a foreign territory.
► The domestic industry which the EO seeks to protect is actually the
“customs territory” which is defined under the Rules and Regulations
implementing RA 7227.
► When the application of the administrative issuance modifies existing laws
or exceeds the intended scope, it becomes void.
Executive Secretary v. Southwing Heavy Industries, Inc.

► Ruling:
► 4th Requisite: There is no doubt that the issuance of the ban to protect the
domestic industry is a reasonable exercise of police power.
► The problem, however, lies with respect to the application of the
importation ban to the Freeport.
► By parity of reasoning, the importation ban in this case should also be
declared void for its too sweeping and unnecessary application to the
Freeport which has no bearing on the objective of the prohibition.
ADMINISTRATIVE RULE DISTINGUISHED
FROM ADMINISTRATIVE INTERPRETATION

1. Administrative Rule is binding upon the courts

while Administrative Interpretation is not binding
2. Administrative Rule has the force and effect of a
valid law while Administrative Interpretation is at best
merely an advisory

WOODGROVE 28
BANK
RULE MAKING POWER OF THE SUPREME
COURT
Section 5 of Article VIII of the 1987 Philippine Constitution provides for
the rule-making power of the Supreme Court, “Promulgate rules
concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the
practice of law, the integrated bar, and legal assistance to the
underprivileged..”
∙ Repeal procedure laws
∙ Modify or repeal parts of statute which deals with procedural aspects,
e.g. when it made uniform the rules on appeal from a quasi-judicial
body to the Court of appeals by repealing the procedural provisions of
R.A. 7902, and R.A. 5434
∙ Does not have the power to promulgate laws substantive in nature,
only procedural
WOODGROVE 29
BANK
THANK YOU
 1.25 Legislative power of local
government units

The legislative power of local government units refers to the power of local
legislative bodies to enact ordinances, consisting of barangay ordinance,
municipal ordinance, city ordinance, and provincial ordinance, as the case may
be.

To be valid, such ordinances require that their passage be in accordance with

prescribed procedure and that they meet the substantive requisites for their
validity.
In Lagcao v Labra, GR. NO. 155746, October 13, 2004, the Court outlined the
requirements for a valid ordinance. It held:

“For an ordinance to be valid, it must not inly be within the corporate powers of the city
or municipality to enact but must also be passed in accordance with certain well-
established basic principles of substantive nature.

The principles require that an ordinance:

1. Must not contravene the constitution or any statute
2. Must not be unfair or oppresive
3. Must not be partial or discriminatory
4. Must not prohibit but may regulate trade
5. Must be general and consistent with public policy
6. Must no be unreasonable
1.26 Barangay Ordinance
Sangguniang barangay – smallest legislative body.

-may pass an ordinance by majority of all its members;

-subject to review by Sangguninag bayan/panglungsod

Sangguniang bayan/panglungsod – take action on the ordinance within thirty (30) days
from submission;

-if there’s inaction = it is presumed to be consistent with law or municipal/city

ordinance
- If inconsistency is found = it will remand to the sangguniang barangay
1.27 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 there’s mayor’s 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 thirty days, may invalidate in whole or in part and its actions shall be is final, if
there’s inaction, it is deemed valid.
1.28 City Ordinance
- vested in the Sangguniang Panglungsod

- Affirmative vote of a majority of the members shall be necessary for the passage of the
ordinance.

Approved ordinance shall be submitted to the Mayor who, within ten (10) days from receipt
thereof:
-approve
-veto

If the Mayor does not return it within that time, it shall be deemed approved.

The Sangguniang Panlungsod may repass a vetoed ordinance by two-thirds vote of all the
members thereof.
1.29 Provincial Ordinance
The Sangguniang Panlalawigan, as the legislative body of a province, may by a vote of a
majority of the members present, there being a quorum, enact ordinances affecting the
province.

The ordinance is forwarded to the governor who, within fifteen days from receipt thereof,
shall return it with his:
-approval
-veto

If he does not return it within that time – it shall be deemed approved.

A vetoed ordinance may be repasses by a two-thirds vote of all the members of the
Sangguniang Panlalawigan.
Summary of Essential Requisite for Judicial
Review.

� In Franciscon, Jr. v. House of Representative, G.R.No. 160261, November 10, 2003, the
Court Summarized the essential requisites for judicial review, as follows:
The court’s power of judicial review, like almost all powers conferred by the Constitution, is
subject to several limitations:
1. An actual case or controversy calling for the excercise of judicial power.
2. The person challenging the act must have “standing” to challenge.
3. The question of constitutionality must be raised at the earliest possible opportunity.
4. The issue of constitutionality must be the very lis mota of the case.
 The difference between the rule on
standing and real party in interest.

� Standing is whether such parties have “alleged such a personal stake in the outcome of
the controversy as to assure that concrete adverseness which sharpens the presentation
of issues upon which the court so largely depends for illumination of difficult constitutional
questions”
� Real party in interest is whether he is “The party who benefited or injured by the
judgement, or the party entitled to the avails of the suit.”
Ripeness and Prematurity

� For a case to be considered ripe for adjudication, “it is a prerequisite that something had
by then been accomplished or performed by either branch before a court may come into
the picture” Only then may the courts pass on the validity of what was done, if and when
the latter is challenged in an appropriate legal proceeding.
� In the issue of ripeness is the question whether the instant petitions are premature. Senate
President Jovito R. Salonga opines that there may be no urgent need for this Court to
render a decision at this time, He thus recommends that all remedies in the House of
Representative and Senate should be exhausted first.
Territorial and Personal Effects of Statutes

� Under the territorial effect, the general rule is that a state has jurisdiction over all persons
and property within its territory.
� As for the personal effect of statutes, there are laws than even if you are beyond the
physical bounds of the Philippines, you are still under the effect of such laws.

� Lis Moto -It is a well established maxim of adjudication that an issue assailing the
constitutionality of a governmental act should be avoided whenever possible.
Test of Constitutionality

� The test of Constitutionality of a statutes is a what the Constitution provides in relation to what can or may
be done under the statute, and not by what it has been done under it.
� A statute may be declared unconstitutional :
1. Not within the legislative power to enact; or creates or establishes methods or forms that infringe
constitutional principles
2. Purpose or effects violates the Constitution or basic principles
3. When it allows something to be done which the fundamental law condemn or prohibits
4. When the statute is vague
With respect to ordinances, the test of validity are
1. It must not contravene the constitution
2. It must not be unfair or oppressive
3. It must not be partial or discriminatory
4. It must not prohibit but may regulate trade
5. It must be general and consistent with public policy
6. It must not be unreasonable
Effects of unconstitutionality

� The general rule is that an unconstitutional act is not a law; it confers no rights; it imposes
no duties; it affords no protection; it creates no office, It is in legal contemplation,
inoperative as though it had never been passed.
Invalidity due to change of conditions

� The general rule as to the effects if unconstitutionality of a statute is not applicable to a

statute that is declared invalid because of the change of circumstances affecting its
validity

�Partial invalidity
The general rule is that where part of a statute is void as repugnant to the
Constitution, while another part is valid portion, if separable from the invalid , may
stand and be enforced.
Effect and Operation
1.41 When laws take effect
“[l]aws shall take effect after fifteen (15) days following the completion of
their publication in the Official Gazette, unless it is otherwise provided x x
x.”
- Article 2 of the Civil Code
“Laws shall take effect after fifteen (15) days following the completion of
their publication in the Official Gazette or in a newspaper of general
circulation, unless it is otherwise provided.”
- Section 18, Chapter 5, Book I of the 1987 Administrative Code

◈ The general rule is that where the law is silent as to its effectivity or where it provides that it shall take
effect immediately or upon its approval, such law shall take effect after fifteen (15) days from its
publication in the Official Gazette or in a newspaper of general circulation
◈ “Unless it is otherwise provided” refers to as, the legislature may, by law or by particular statute itself,
provide that it shall take effect on a particular date or after a certain period from its publication in the
Official Gazette or in a newspaper of general circulation
◈ For a law which is made effective by the legislature upon its approval or on any other date without
previous publication will violate the due process clause of the Constitution which requires its
publication before it becomes binding
1.42 When Presidential issuances, rules and
regulations take effect
◈ The President’s ordinance power includes the authority to issue executive orders, administrative
orders, proclamations, memorandum orders, memorandum circulars and general or special
orders
◈ These Presidential issuances should be published in the Official Gazette or in a newspaper of
general circulation before they become effective, except those which are merely interpretative or
internal in nature not concerning the public
Two types of rules and regulations issued by administrative or executive officers:
1. Those whose purpose is to enforce or implement existing law pursuant to a valid delegation or to fill in the details of a statute
2. Those which are merely interpretative in nature or merely internal in character not concerning the public
1.42 When Presidential issuances, rules and
regulations take effect
“(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 the 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.”
- Section 3, Chapter 2, Book VII, 1987 Administrative Code

“In addition to other rule-making requirements provided by law not inconsistent with this Book, each rule shall
become effective fifteen (15) days from the date of filing as above provided unless a different date is fixed by law
or specified in the rule in cases of imminent danger to public health, safety and welfare, the existence of which
must be expressed in a statement accompanying the rule. The agency shall take appropriate measures to make
emergency rules known to persons who may be affected by them.”
◈ In addition, rules and regulations must comply with the requirements of filing - Sec 4, supra

◈ The requirement of publication is designed to inform the people of the rules and regulations before they can
be bound thereby,
◈ And the requirement of filing is intended to have a central office namely the U.P Law Center, where
interested persons can readily secure copies to check on their existence
◈ The publication and filing requirements are indispensable to the effectivity of rules and regulations. Both
must be complied with, except when the law authorizing the issuance of the rules and regulations dispenses
with the filing requirement, in which case publication, which cannot be dispensed with without violating the
due process clause, will be sufficient to make them effective.
When Local Ordinance takes Effect

� GR: 10 days from the date of posting of a copy in a bulletin board at the entrance of the
provincial capitol or city, municipality, or barangay hall, and in at least two other
conspicuous places in the LGU concerned.
� XPN: unless otherwise stated in the ordinance or resolution.
� The secretary to the Sanggunian concerned shall cause the posting in the places
aforementioned not later than 5 days from approval thereof.
� The text may be in Filipino, English, or in the language or dialect understood by the
locality’s majority.
� Such posting shall be recorded by the Sanggunian, stating the dates of approval and
posting.
� A summary of all ordnances with penal sanctions shall be published in a newspaper of
general circulation within the province where the local legislative body concerned is
situated. Absence such newspaper, posting of such ordinance shall be made in all
municipalities or cities in that province shall suffice.
Statutes Continue in Force until Repealed

� Temporary Statutes are those in force only for a limited period, according to the provisions
therein.
� Otherwise, it shall be in effect permanently and indefinitely, until it is amended or
repealed.
� It has been said that “Conquest of colonization is impotent to bring law to an end; in spite
of change of constitution, the law continues to be unchanged until the new sovereign by
legislative act creates a change.” Example of which is Art. 2253 NCC.
Territorial and Personal Effects of Statutes

� Under the territorial effect, the general rule is that a state has jurisdiction over all persons
and property within its territory.
� As for the personal effect of statutes, there are laws than even if you are beyond the
physical bounds of the Philippines, you are still under the effect of such laws.
Manner of Computing Time

� Years: 12 months (used to be 365 days, but was repealed by EO 292)

� Months: 30 days (unless specifically named)
� Days: 24 hours
� Week: 7 days, no regard from the day which it begins
� In computing a period, remember FELI (first excluded, last included)
� Example: May 7 2019 to May 7 2020:
Manner of Computing Time

� When the statute tells us that an act must be done within a specified number of days, it
means actual days not working days.
� the ruling in Vir-Jen Shipping case contemplates a situation where one is burdened with the task
of computing a 10-day period which includes a Saturday, Sunday or Legal Holiday and not when
the 10th day falls on a Sunday or Legal Holiday.
� FEFI governs computation of a period; if the last day falls on a Sunday or holiday, the act can still
be done the following day.
� Does not apply to prescription of crimes.
Manner of Computing Time

� Mitsubishi Motors Phils. Corp. vs. Chrysler Phil. Labor Union

� Employee was under probationary employment, started on May 27, 1996.
� He was terminated on Nov. 26, 1996.
� Employee claimed he was illegally dismissed because it was served on his 183rd day of
employment, or three days after the end of his probationary period of six months.
� SC ruled that the probationary period of months is equal to 180 days. In computing a period, the
first day shall be excluded and the last day included. With that, the SC concluded that the 180
days started on May 27, 1996 and ended on Nov. 23, 1996. And employee was already a regular
employee at the time of his dismissal.