Notes on STATUTORY CONSTRUCTION

Law in its jural and generic sense - refers to the whole body or system of law.

Law in its jural or concrete sense - means a rule of conduct formulated and made
obligatory by legitimate power of the state.

Statute - is an act of the legislature as an organized body, expressed in the form, and
passed according to the procedure, required to constitute it as part of the law of the land.

Statutes may either be:

1. Public Statute - one which affect the public at large or the whole community.
2. Private Statute - one which applies only to specific person or subject.

Public Statutes may be classified into:

1. General Law - one which applies to the whole state and operates throughout the state
alike upon all the people or all of a class.
2. Special law - one which relates to a particular persons or things of a class or to a
particular community, individual or thing.
3. Local law - is one whose operation is confined to a specific place or locality. Ex.
Municipal Ordinance.

Permanent Statute - one whose operation is not limited in duration but continues until
repealed.

Temporary Statute - is a statute whose duration is for a limited period of time fixed in the
statute itself or whose life ceases upon the happening of the event.

Other classes of Statute - Prospective or Retroactive.

According to their operation, declaratory, curative, mandatory, directory, substantive,
remedial, and penal.
In respect to their forms, Affirmative or Negative.

Legislative Power of the Congress - the authority under the Constitution to make laws,
and to alter and repeal them.

Legislative Power is vested in the Congress of the Philippines consisting of the Senate
and the House of Representatives.

Executive Power - is the power to execute the laws.

Judicial Power - is the power to interpret and apply the laws.

Provisions of the Constitution are either:

1. Self -executing - may not prevent Congress to enact further laws.
2. Non-self-executing - require Congress to enact enabling legislations.
Steps in the Passage of a Bill into Law

A bill is a proposed legislative measure introduced by a member or members of Congress

for enactment into law.

1. First and second reading of the bill - The reports the bill for first reading. First reading
consists in reading the title and the number of the bill, followed by the referral to the
appropriate committee for study and recommendations.
2. Second reading - the bill shall be read in full with the amendments proposed by the
committee.. The bill will be subject to debates, pertinent motions, and amendments.
3. Third reading - A bill is approved by either House after it has gone three readings.

Conference committee - the mechanism for compromising differences between the Senate
and the House in the passage of a bill into law.

Authentication of Bills - signing by the Speaker and the Senate President of the printed
copy of the approved bill.

President’s approval or veto - Every bill 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.

Parts of a Statute

1. Preamble - is a prefatory statement or explanation or a finding of facts, reciting the

purpose, reason, or occasion for making the law for which it is prefixed.
2. Title of Statute - The Constitution provides that “every bill passed by the Congress
shall embrace only one subject which shall be expressed in the title thereof”.
3. Enacting Clause - part of the statute written immediately after the title thereof which
states the authority by which the act is enacted.
4. Purview or body of Statute - is that part which tells what the law is all about. The body
of the statute should embrace only one subject matter.
5. Separability clause -- is that part of a statute which states that if any provision of the
act is declared invalid, the remainder shall not be affected thereby.
6. Repealing clause - when the legislature repeals a law, the repeal is not a legislative
declaration finding the earlier law unconstitutional.
7. Effectivity clause - is the provision when the law takes effect.

Meaning of Certain Bills originating from the lower house - the procedure for the
enactment of ordinary bills applies for the enactment of appropriations and revenue
measures.
General Appropriation bill - is a special type of legislation, whose content is limited to
specified sums of money dedicated to specific purposes or a separate fiscal unit.

Restrictions in passage of budget or revenue bills:

1. Budget preparation by the President and submission to Congress.

Congress may not increase the appropriations recommended by the President for
the operation of the government as specified in the budget.” The form, content,
and manner of preparation of the budget shall be prescribed by law.”

2. Each provision must relate specifically to particular appropriation. “No provision

or enactment shall be embraced in the general appropriation bill unless it relates
specifically to some particular appropriations therein.

Inappropriate Provision – any provision therein which is intended to amend another law.

Fiscal autonomy – means freedom from outside control.

3. Procedure in approving appropriations – shall strictly follow the procedure for

approving appropriations for the other departments and agencies.

4. Special appropriation bill to specify purpose- A special appropriation bill shall

specify purpose for which it is intended, and shall be supported by funds actually
available as certified by the National Treasurer, or to be raise by a corresponding
revenue proposal therein.

5. Restriction on transfer of appropriation, exception- “No law shall be passed

authorizing any transfer of appropriations, however, the President, the President
of the Senate, the Speaker of the House of Representatives, the Chief Justice of
the Supreme Court, and the heads of Constitutional Commission may, by law
authorized to augment any item in the general appropriations law for their
respective offices from savings in other items of their respective appropriations.

The Senate President and Speaker are authorized to realign savings as appropriated,
two requirements.

1.) The funds to be realized or transferred are actually savings in the items of
expenditures from which the same are to be taken.

2.) the transfer or realignment is for the purpose of augmenting the items of
expenditures to which transfer or realignment is to be made.