STATUTORY CONSTRUCTION

Laws
• A whole body or system of law
• Rule of conduct formulated and made obligatory by legitimate power of the state
• Includes RA, PD, EO (president in the ex of legislative power), Presidential issuances (ordinance
power) Jurisprudence, ordinances passed by sanggunians of local government units
 Statutes,
• An act of legislature (Philippine Commission, Phil. Legislature, Batasang Pambansa, Congress) • PD’s of Marcos
during the period of martial law 1973 Constitution
• EO of Aquino revolutionary period Freedom Constitution
 Public – affects the public at large
• general – applies to the whole state and operates throughout the state alike upon all people or all of a class.
• Special – relates to particular person or things of a class or to a particular community, individual or thing.
• Local Law – operation is confined to a specific place or locality (e.g municipal ordinance)  Private – applies only
to a specific person or subject.
Permanent and temporary statutes
• Permanent - one whose operation is not limited in duration but continues until repealed.
• Temporary - duration is for a limited period of time fixed in the statute itself or whose life
ceases upon the happening of an event. o E.g. statute answering to an emergency
Other classes of statutes
• Prospective or retroactive – accdg. to application
• Declaratory, curative, mandatory, directory, substantive, remedial, penal – accdg. to operation
• According to form o Affirmative o Negative
Manner of referring to statutes
• Public Acts – Phil Commission and Phil Legislature 1901- 1935
• Commonwealth Acts – 1936- 1946 • Republic Acts – Congress 1946- 1972, 1987 ~
• Batas Pambansa – Batasang Pambansa
• Identification of laws – serial number and/or title
 ENACTMENT OF STATUTES
Legislative power,
Generally • Power to make, alter and repeal laws
• Vested in congress – 1987 Constitution
• President – 1973 & Freedom (PD and EO respectively)
• Sangguniang barangay, bayan, panglungsod, panlalawigan – only within respective jurisdiction –
ordinances
• Administrative or executive officer
• Delegated power • Issue rules and regulations to implement a specific law
Congress legislative power
• The determination of the legislative policy and its formulation and promulgation as a defined
and binding rule of conduct.
• Legislative power - plenary except only to such limitations as are found in the constitution
Procedural requirements
• Provided in the constitution (for Bills, RA)
• Provided by congress – enactment of laws
 Rules of both houses of congress (provided also by the Constitution)
 Passage of bill
• Proposed legislative measure introduced by a member of congress for enactment into law
• Shall embrace only one subject which shall be expressed in the title
• Singed by authors
• File with the Secretary of the House
• Bills may originate from either lower or upper House
• Exclusive to lower house  Appropriation  Revenue/ tariff bills  Bills authorizing increase of public debt  Bills of
local application  Private bills
• After 3 readings, approval of either house (see Art 6 Sec 26 (1))
• Secretary reports the bill for first reading
First reading
reading the number and title, referral to the appropriate committee for study and
recommendation
• Committee – hold public hearings and submits report and recommendation for calendar for
second reading
Second reading
bill is read in full (with amendments proposed by the committee) – unless copies are distributed,
and such reading is dispensed with
o Bill will be subject to debates, motions and amendments
o Bill will be voted on
o A bill approved shall be included in the calendar of bills for 3rd readin
• Third reading
bill approved on 2nd reading will be submitted for final vote by yeas and nays,
• Bill approved on the 3rd reading will be transmitted to the “Other House” for concurrence
(same process as the first passage) o If the “Other House” approves without amendment it is
passed to the President o If the “Other House” introduces amendments, and disagreement
arises, differences will be settled by the Conference Committees of both houses o Report and
recommendation of the 2 Conference Committees will have to be approved by both houses in
order to be considered pass
 President
Approves and signs
Vetoes (within 30 days after receipt)
Inaction
• If the President vetoes – send back to the House where it originated with recommendation o 2/3 of all
members approves, it will be sent to the other house for approval o 2/3 of the other house approves it shall
become a law o If president did not act on the bill with in 30 days after receipt, bill becomes a law
• Summary : 3 ways of how a bill becomes a law.  President signs  inaction of president with in 30 days after
receipt  vetoed bill is repassed by congress by 2/3 votes of all its members, each house voting separately.
 Appropriations and revenue bills
• Same as procedure for the enactment of ordinary bills
• Only difference is that they can only originate from the Lower House but the Senate may propose/
concur with the amendments
• Limitations of passage (as per Constitution) Art 6 Sec. 27 (2)
o congress may not increase the appropriation recommended by the President XXX o particular
appropriation limited o procedure for Congress is the same to all other department/ agencies (procedure
for approving appropriations )
o special appropriations – national treasurer/ revenue proposal
o no transfer of appropriations xxx authority to augment o discretionary funds
– for public purposes o general appropriations bills
– when re-enacted o President my veto any particular item/s in an appropriation revenue, or tariff bill.
Authentication of bills
• Before passed to the President
• Indispensable
• By signing of Speaker and Senate President
Unimpeachability of legislative journals
• Journal of proceedings
• Conclusive with respect to other matters that are required by the Constitution
• Disputable with respect to all other matters
• By reason of public policy, authenticity of laws should rest upon public memorials of the most
permanent character
• Should be public
 Enrolled bill
• Bills passed by congress authenticated by the Speaker and the Senate President and approved by the
President
• Importing absolute verity and is binding on the courts o It carries on its face a solemn assurance that it was
passed by the assembly by the legislative and executive departments.
• Courts cannot go behind the enrolled act to discover what really happened o If only for respect to the
legislative and executive departments
• Thus, if there has been any mistake in the printing of the bill before it was certified by the officer of the
assembly and approved by the Chief Executive, the remedy is by amendment by enacting a curative legislation
not by judicial decree.
• Enrolled bill and legislative journals - Conclusive upon the courts
• If there is discrepancy between enrolled bill and journal, enrolled bill prevails
Withdrawal of authentication, effect
• Speaker and Senate President may withdraw if there is discrepancy between the text of the bill
as deliberated and the enrolled bill.
• Effect:
o Nullifies the bill as enrolled o Losses absolute verity
o Courts may consult journals
PARTS OF STATUTES
Title of statute
• Mandatory law - Every bill passed by Congress shall embrace only one subject which shall be
expressed in the title thereof (Art 6, Sec 26 (1) 1987 Constitution)
• 2 limitations upon legislation
o To refrain from conglomeration, under one statute, of heterogeneous subjects
o Title of the bill should be couched in a language sufficient to notify the legislators and the
public and those concerned of the import of the single subject
 Purposes of requirement (on 1 subject)
• Principal purpose: to apprise the legislators of the object, nature, and scope of the provision of the bill and to
prevent the enactment into law of matters which have not received the notice, action and study of the legislators.
o To prohibit duplicity in legislation
• In sum of the purpose
o To prevent hodgepodge/ log-rolling legislation
o To prevent surprise or fraud upon the legislature
o To fairly apprise the people, through publication of the subjects of the legislation
o Used as a guide in ascertaining legislative intent when the language of the act does not clearly express its
purpose; may clarify doubt or ambiguity.
How requirement construed
• Liberally construed
• If there is doubt, it should be resolved against the doubt and in favor of the constitutionality of
the statute
 When there is compliance with
requirement
• Comprehensive enough - Include general object
• If all parts of the law are related, and are germane to the subject matter expressed in the title
• Title is valid where it indicates in broad but clear terms, the nature, scope and consequences of the law and its
operations
• Title should not be a catalogue or index of the bill
• Principles apply to titles of amendatory acts. o Enough if it states “an act to amend a specific statute”
• Need not state the precise nature of the amendatory act.
• US Legislators have titles ending with the words “and for other purposes” ( US is not subject to the same
Constitutional restriction as that embodied in the Philippine Constitution
When requirement not applicable
• Apply only to bills which may thereafter be enacted into law
• Does not apply to laws in force and existing at the time the 1935 Constitution took effect.
• No application to municipal or city ordinances
Effect of insufficiency of title
• Statute is null and void
• Where, the subject matter of a statute is not sufficiently expressed in its title, only so much of
the subject matter as is not expressed therein is void, leaving the rest in force, unless the invalid
provisions are inseparable from the others, in which case the nullity the former vitiates the latter
 Enacting clause
• Written immediately after the title
• States the authority by which the act is enacted 
• #1 - Phil Commission – “ By authority of the President of the US, be it enacted by the US Philippine Commission”
• #2 - Philippine Legislature- “ by authority of the US, be it enacted by the Philippine Legislature”
• #3 - When #2 became bicameral: “Be it enacted by the Senate and House of Representatives of the Philippines in legislature
assembled and by authority of the same”
• #4 - Commonwealth- “Be it enacted by the National Assembly of the Philippines
• #5 – when #4 became bicameral: “be it enacted by the Senate and House of Representatives in congress assembled” – same
1946-1972/1987-present.
• #6 – Batasang Pambansa: “Be it enacted by the Batasang Pambansa in session assembled”
• #7 – PD “ NOW THEREFORE, I ______ President of the Philippines, by the powers vested in me by the Constitution do hereby
decree as follows”
• #8 – EO “Now, therefore, I, ____ hereby order”