STATUT

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

Law vs. Statute

LAW rule of conduct formulated and
made obligatory by legitimate power by
the state
STATUTE act of legislature as an
organized body, express in the form, and
passed according to the procedure,
required to constitute it as part of the land.

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

e. MANNER OF REFERRING TO STATUTES

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

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
*House of Representatives : caters
its subject to the local needs and
problems, mainly to specific concerns
of the people in your district or
advocacy
* Senate: caters its subject to a

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)

STEPS IN THE PASSAGE OF THE

BILL
- Preliminary Procedure
= proposed legislative measure
introduced by a
member of Congress
for enactment of law
= signed by its author(s) and filed with
the Secretary of the House.
= bills may originate from either lower
or
upper House [except appropriation bill,
revenue/tariff bills, bills authorizing
increase of
public debt, bills for local
application,
private
bills are exclusive
to the LOWER HOUSE]

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

3 Ways How a Bill Becomes

a Law
President approves and signs
Inaction of the president 30 days
after receipt
Vetoed bill is repassed by Congress
by 2/3 votes of all its members, each
house voting separately.

D. ISSUANCES, RULES AND

ORDINANCES

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

General or Specific Orders

Acts and commands of the President
in his capacity as Commander-inChief of the Armed Forces of the
Philippines

Administrative Rules and

Regulations
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
For the sole purpose of carrying into
effect the general provisions of the law
Inferior to a statute, thus cannot repeal
or amend, or restrict or enlarge it

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

Supreme Court Rule-Making

Power
promulgate rules concerning the protection and
enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission
to the practice of law, the Integrated Bar, and legal
assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be
uniform for all courts of the same grade, and
shall not diminish, increase, or modify
substantive rights. Rules of procedure of special
courts and quasi-judicial bodies shall remain
effective unless disapproved by the Supreme
Court. (Sec 5(5), Article VII of the Constitution)

Supreme Court Rule-Making

Power
No law shall be passed increasing the
appellate jurisdiction of the Supreme
Court as provided in this Constitution
without its advice and concurrence.
(Sec 30, Article VI of the Constitution)

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

Every statute is presumed valid

-Lies on how a law is enacted
-Due respect to the legislative who passed and executive who approved
-Responsibility of upholding the constitution rests not on the courts
alone
but on the legislative and executive branches as well
Courts cannot inquire into the wisdom or propriety of laws To declare a
law unconstitutional, the repugnancy of the law to the constitution must
be clear and
unequivocal
All reasonable doubts should be resolved in favor of the
constitutionality of law; to doubt is to sustain
Final arbiter of unconstitutionality of law is the Supreme Court EN
BANC (majority who took part and voted thereon)
Nonetheless, trial courts have jurisdiction to initially decide the issue of
constitutionality of a law in appropriate cases

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

 Courts cannot rule on political questions questions

which are concerned with issues dependent upon the
wisdom (v. legality) of a particular act or measure
being assailed
separation of powers
However, Constitution expands the concept of judicial
review: judicial power includes the duty of the courts of
justice to settle actual controversies involving rights
which are legally demandable and enforceable and to
determine whether or not there has been GAD
amounting to lack or excess of jurisdiction on the
branch or the part of any branch/ instrumentality of the
Government

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

 Member of the Senate or of the House has legal

standing to question the validity of the
Presidential veto or a condition imposed on an
item in an appropriations bills
SC may, in its discretion, take cognizance of a
suit which does not satisfy the requirement of
legal standing
-E.g. calling by the President for the
deployment of the Philippine Marines to join the
PNP in visibility patrols around the metro

WHEN TO RAISE
CONSTITUTIONALITY
at the earliest possible opportunity i.e. in the
pleading

it may be raised in a motion for

reconsideration / new trial in the lower court; or
in criminal cases at any stage of the
proceedings or on appeal
in civil cases, where it appears clearly that a
determination of the question is necessary to a
decision, and in cases where it involves the
jurisdiction of the court below

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

is what the Constitution provides in

relation to what can or may be done under
the statute, and not by what it has been
done under it.
- If not within the legislative power to
enact
-If vague unconstitutional in 2 respects
*Violates due process
*Leaves law enforcers unbridled discretion
in carrying out its provisions

 Where theres a change of circumstances:

-i.e. emergency laws
Ordinances (test of validity are):
o It must not contravene the
Constitution or
any statute
o It must not be unfair or oppressive
o It must not be partial or
discriminatory
o It must not prohibit but may
regulate trade
o It must be general and consistent with public policy
o It must not be unreasonable

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:

 Orthodox view unconstitutional act is not a

law; decision affect ALL
Modern view less stringent; the court in
passing
upon
the
question
of
unconstitutionality does not annul or repeal
the statute if it finds it in conflict with the
Constitution; decisions affects parties ONLY
and no judgment against the statute; opinion
of court may operate as a precedent; it does
not repeal, supersede, revoke, or annul the
statute

INVALIDITY DUE TO CHANGE

OF CONDITIONS
Emergency laws
It is deemed valid at the time of its
enactment as an exercise of police power
It becomes invalid only because the change
of conditions makes its continued operation
violative
of
the
Constitution,
and
accordingly, the declaration of its nullity
should only affect the parties involved in
the
case
and
its
effects
applied
prospectively

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

When Laws Take Effect

Art. 2 Civil Code: laws to be effective
must be published either in the Official
Gazette or in a newspaper of general
circulation in the country
Sec 18 Chap 5 Book 1 of Administrative
Code
The clause unless it is otherwise
provided from the Administrative
Code: solely refers to the 15-day period
and not the requirement of publication

WHEN PRESIDENTS ISSUANCES,

RULES AND REGULATIONS TAKE
EFFECT

Requirement of publication applies except

if it is merely interpretative or internal in
nature not concerning the public
Two types:
Those whose purpose is to enforce or
implement existing law pursuant to a valid
delegation or to fill in the details of a statute;
requires publication
Those which are merely interpretative in
nature or internal; does not require publication

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.

WHEN LOCAL ORDINANCE

TAKES EFEECT

10 DAYS from the date a copy is posted in a bulletin

board at the entrance of the provincial capitol or city,
municipality or barangay hall, and in at least 2 other
conspicuous places in the local government unit
concerned
The secretary to the Sangguinian concerned shall
cause the posting not later than 5 days after approval
Gist of ordinance with penal sanctions shall be
published in a newspaper of general circulation within
the respective province concerned
For highly urbanized and independent component
cities, main features of the ordinance, in addition to
the posting requirement shall be published once in a
local newspaper.

STATUTES CONTINUE IN
FORCE UNTIL REPEALED
Permanent / indefinite
Temporary

TERRITORIAL AND PERSONAL

EFFECT OF STATUTES
ALL PEOPLE WITHIN THE
JURISDICTION OF THE PHILIPPINES

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

exclude the first, include the last