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ES
CHAPTER 1
A. IN GENERAL
B. ENACTMENT OF STATUTES
C. PARTS OF STATUTES
D. ISSUANCES, RULES AND
ORDINANCES
E. VALIDITY OF STATUTE
F. EFFECT AND OPERATION
A. IN GENERAL
Statutes: Types
PUBLIC STATUTE
affects the public at large
general, special, and local law
PRIVATE STATUTE
applies only to a specific subject
Statutes: Classes
Statutes: Classes
c. OPERATION
DECLATORY OR REMEDIAL, CURATIVE,
MANDATORY, DIRECTORY, SUBSTANTIVE, OR PENAL
d. FORMS
AFFIRMATIVE OR NEGATIVE
PUBLIC ACTS
COMMONWEALTH ACTS
BATAS PAMBANSA
REPUBLIC ACTS
IDENTIFICATION OF LAWS
B. ENACTMENT OF
STATUTES
Legislative Power
Power to make or enact, alter or amend and
repeal laws
Vested on the two chambers of Congress
(Art. 6, 1987 Constitution)
*During the 1973 Constitution and Freedom
Constitution, president have legislative power
The ordinances that were made by the
sangguniang barangay, bayan, panglungsod,
panlalawigan
Quasi-legislative power exercise to an
administrative or executive officer: issue
rules and regulations to implement a specific
law
PROCEDURAL REQUIREMENTS IN
ENACTING A LAW, GENERALLY
= PROVIDED IN THE CONSTITUTION
(FOR
BILLS AND REPUBLIC ACTS )
= PROVIDED BY CONGRESS
ENACTING OF LAWS
* RULES OF BOTH HOUSES OF
CONGRESS (PROVIDED
ALSO BY THE
CONSTITUTION)
FIRST READING
Reading the number and title of the
bill, followed by a referral to
appropriate committee for study and
recommendation
= Committee: may hold public
hearings and submits report and
recommendation for calendar for
SECOND READING
SECOND READING
Bill is read in full (includes the
amendments proposed by the
committee)
unless copies are distributed and such
reading is dispensed with
Bill will be subject to debates, motions
and amendments
Bill will be voted on
If approved, it shall be included in the
calendar of bills for THIRD READING
THIRD READING
Another voting, registered the YEAS and
NAYS to the journal
If approved, the bill will be transmitted to
the other house, The Senate, for
concurrence
*(same process as the
first passage will happen)
If the other house approves without
amendment it is passed to the president
If the other house introduces amendments
and disagreements arises, it will be settled
by the CONFERENCE COMMITTEE of both
house
CONFERENCE COMMITTEE
Report and recommendation of the 2
Conference Committees will have to be
approved by both houses in order to be
considered pass
It will reconcile the conflict between
the two houses; there may chances
there will be a third version of the bill
coming from the conference
committee
And thus, it must be AUTHENTICATED
AUTHENTICATION OF BILLS
The signing by the Speaker and the
Senate President of the printed copy
of the approved bill, certified by the
respective secretaries of the both
houses
To signify the PRESIDENT that the bill
being presented to him has been duly
approved by the legislature and is
ready for its approval and rejection
PRESIDENT
Approve and sign
Veto (within 30 days after receipt)
send back to the House originated with its
recommendation/s
2/3 of all members approves, it will be sent to
the other house for approval
2/3 of the other house approves, it shall become
law
Inaction
Presidential Issuances
Issued by the President in the
exercise of his ordinance power
Have the force and effect of laws
Executive orders
Administration orders
Proclamations
Memorandum orders
Memorandum circulars
General or special orders
Executive Orders
Provide for rules of a general or
permanent character in the
implementation or execution of
constitutional or statutory powers
vs. Executive orders in the exercise of
Presidents legislative power during
revolutionary period under the Freedom
Constitution
of the same category and binding force as
statute enacted by the legislature
Administrative Orders
Relate to particular aspects of governmental
operations in pursuance of the Presidents
duties as administrative head
Proclamations
Fix a date or declare a statute or condition of
public moment or interest, upon the existence of
which the operation of a specific law or
regulation is made to depend
Have the force of an executive order
Memorandum Orders
On matters of administrative detail or of
subordinate or temporary interest which
only concern a particular officer or office
of the government
Memorandum Circulars
On matters relating to internal administration which
the President desires to bring to the attention of all
or some of the departments, agencies, bureaus or
offices of the Government, for information or
compliance
Administrati
ve Rule
Promulgation of
rules and
regulations
making a new
law with the
force and effect
of a valid law
Pursuant to law
and are binding
on courts
Administrativ
e
Interpretatio
n
Rendering an
opinion or giving
a statement of
policy in
interpretation of
a pre-existing law
Merely advisory
for it is the courts
that finally
determine what
the law means
Legislative Power of
Local Government Units
Barangay ordinance
Municipal ordinance
City ordinance
Provincial ordinance
Passage is in accordance with prescribed procedure
Meet substantive requisites
Does not contravene the Constitution or any statute
Not unfair or oppressive
Not partial or discriminatory
Regulates trade
General and consistent with public policy
Not unreasonable
Barangay Ordinance
Passed by the smallest legislative
body sangguniang barangay
Sangguniang bayan or sangguniang
panlungsod
30 days
Suspended: Adjustment,
amendment, or modification
Municipal Ordinance
Sangguniang bayan
Municipal mayor
10 days
2/3 vote can override veto of
municipal mayor
Sangguniang panlalawigan
30 days
Finality of action
City Ordinance
Sangguniang panlungsod
City mayor
10 days
2/3 vote can repass vetoed ordinance
Sangguniang panlalawigan
30 days
Provincial Ordinance
Sangguniang panlalawigan
Governor
15 days
2/3 vote may repass vetoed
ordinance
E. VALIDITY OF
STATUTE
PRESUMTION OF
CONSTITUTIONALITY
REQUISITES OF EXERCISE
OF JUDICIAL POWER
The existence of an appropriate case
Interest personal and substantial by the
party raising the constitutional question
Plea that the function be exercised at
the earliest opportunity
Necessity that the constitutional
question be passed upon in order to
decide the case
APPROPRIATE CASE
Bona fide case one which raises a
justiciable controversy
Judicial power is limited only to real,
actual, earnest, and vital controversy
Controversy is justiciable when it refers
to matter which is appropriate for court
review; pertains to issues which are
inherently susceptible of being decided
on grounds recognized by law
STANDING TO SUE
Legal standing or locus standi personal/ substantial
interest in the case such that the party has sustained
or will sustain direct injury as a result of
governmental act that is being challenged
interest an interest in issue affected by the
decree
Citizen acquires standing only if he can establish
that he has suffered some actual or threatened
concrete injury as a result of the allegedly illegal
conduct of the government
o E.g. taxpayer when it is shown that public have
been
illegally disbursed
WHEN TO RAISE
CONSTITUTIONALITY
at the earliest possible opportunity i.e. in the
pleading
NECESSITY OF DECIDING
CONSTITUTIONALITY
where the constitutional question is of paramount
public interest and time is of the essence in the
resolution of such question, adherence to the
strict procedural standard may be relaxed and the
court, in its discretion, may squarely decide the
case
where the question of validity, though apparently
has become moot, has become of paramount
interest and there is undeniable necessity for a
ruling, strong reasons of public policy may
demand that its constitutionality be resolved
TEST OF
CONSTITUTIONALITY
EFFECTS OF
UNCONSTITUTIONALITY
It confers no rights
Imposes no duties
Affords no protection
Creates no office
In general, inoperative as if it had
never been passed
It has 2 views:
PARTIAL INVALIDITY
General rule: that where part of a statute is void as
repugnant to the Constitution, while another part is
valid, the valid portion, if separable from the
invalid, may stand and be enforced
Exception that when parts of a statute are so
mutually dependent and connected, as conditions,
considerations, inducements, or compensations for
each other, as to warrant a belief that the
legislature intended them as a whole, the nullity of
one part will vitiate the rest such as in the case of
Tatad v Sec of Department of Energy and Antonio v.
COMELEC
F. EFFECT AND
OPERATION
REQUIREMENT OF FILING
(1987 ADMINISTRATIVE CODE)
Every agency shall file with the UP LAW
Center 3 certified copies of every rule
adopted by it
Rules in force on the date shall not
thereafter be the basis of any sanction
against any party/persons.
STATUTES CONTINUE IN
FORCE UNTIL REPEALED
Permanent / indefinite
Temporary
MANNER OF COMPUTING
TIME
Art. 13 of Civil Code
1 YEAR = 365 days
1 MONTH = 30 days
1 DAY = 24 hours
1 NIGHT = Sunset to Sunrise
Month --- by name = number of days the
specific month has
Period: first day excluded, last day included
Last day falls on Sunday or holiday: The act can
still be done the following day