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STATUTORY

CONSTRUCTION
Atty. Ramil F. De Jesus
Law, in its broadest sense, means any rule of action or
norm of conduct refers to the whole body or system of
law.

In its strict legal sense, law means a rule of conduct, jus and
obligatory formulated by legitimate power of the state for
common observance and benefit
Elements of a Law
rule of conduct

Law must be just

It must be obligatory

Formulated or prescribed by legitimate


authority

For the common benefit


Source of Law
Legislation

Precedents

Custom

Court Decision
Statute is an act of legislature as an organized body,
expressed in the form, passed according to the
procedure, required to constitute it as part of the law
of the land.
 Types of statutes:
passed by the Philippine Legislature
Philippine Commission
Philippine Legislature
Batasang Pambasna
Congress of the Philippines
Made by the president
Presidential decrees (1973 constitution)
Executive orders (Freedom Constitution)
ENACTMENT OF STATUTES

Legislative power is the power to make, alter, and repeals laws.

 Under the 1973 and freedom constitution, the president exercised legislative power
which remained valid until repealed.

1. LGU can enact ordinances within their own


jurisdiction, but such laws are inferior and
subordinate to the laws of the state. (Primicias v.
Municipality of Urdaneta).

1. Administrative or executive officer can make rules


and regulations to implement specific laws.
Parts of a Statute
Title
Preamble
Enacting Clause
Body
Exceptions and Provisos
Interpretative, Repealing, Separability & Saving Clause
Date of Effectivity
Effectivity of Laws
When shall a law take effect
Article 2 of the Civil Code of the Philippines

Who are subject to Philippine Laws


Article 14, 15, 16 - Civil Code
Passage of a bill:
A bill shall embrace only one subject which shall be expressed in the title thereof. It shall
be signed by its author and filed with the Secretary of the House.

A bill may originate in the lower or upper house except appropriation, revenue or tariff bills, bills authorizing
increase of public debt, bills of local application, private bills, which shall originate exclusively in the House
of Representatives.

A bill is approved by either house after it has gone three readings on separate days except when
the President certifies to the necessity of its immediate enactment.

The bill approved on the third reading by one house is transmitted to the other house for
concurrence, which will follow the same procedures as a bill originally filed with it.
If the other house introduces amendments and the House from
which it originated does not agree with said amendments, the
differences will be settled by the Conference Committee of both
chambers, whose report or recommendation thereon will have to
be approved by both Houses in order that it will be considered
passed by Congress and thereafter sent to the President for
action.

If the President shall veto it, and if after such consideration, 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.
End of Presentation
Assignments – Cases to read and digest
Songco, et. Al. v. National Labor Relations Commission, March 23, 1990
Ramirez v. Court of Appeals, September 30, 1986
Domingo V. Commission on Audit
Francisco v. HRET, G.R. Nos. 160261
Mantrade FMMC Division Employees and Workers Union v. Bacungan
Conde v. Intermediate Appellate Court G.R. No. 70443
Go Ka Tok and Sons v. Rice and Corn Board G.R. No. L-23607
People v. Mapa, G.R. No. L-22301
Bolos v. Bolos, G.R. No. 186400
A.M. No. RTJ-04-1868, Aug. 13, 2004

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