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

• 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.
CLASSIFICATIONS
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 Malolos Constitution: 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 1935 Constitution: 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 1943 Constitution: as approved by the Preparatory Committee on Philippine Independence, September 4, 1943 and ratified by
the KALIBAPI Convention, September 7, 1943.

• The 1973 Constitution: 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 with their respective constitutional processes
 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 acts of Congress became known as Republic Acts.
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 all-American 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 semi-independent 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 1942-1945, 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 Members to the new
Congress
• 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 9, 2007, Callejo, J).
• 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 the Philippines to 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 orders, Memorandum
circulars and general or special 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 its charter in 1901, while the city of Baguio was
established by the Philippine Assembly which was composed by elected members instead of
appointed ones. During the Commonwealth era, the National Assembly established an
additional ten cities.
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