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Chapter 1: Statutes Law Rule of conduct formulated and made obligatory by legitimate power of the state Includes statues

es enacted by the legislature, presidential decrees and executive orders issued by the President in the exercise of legislative power, other presidential issuances in the exercise of his ordinance power, rulings of the Supreme Court construing the law, rules and regulations promulgated by administrative or executive officers pursuant to a delegated power, and ordinances passed by sanggunians of local government units.

Statute Act of 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 enacted by the legislature are those passed by: o Philippine Commission o Philippine Legislature o Batasang Pambansa o Congress of the Philippines. o Others: Presidential Decrees issued during martial law under the 1973 Constitution Ordered by the President during the revolutionary period under the Freedom Constitution (1986) a. Public (substantial) Affects the public at large of the whole community o General: applies to the whole state and operates throughout the state alike upon all the people or all of a class. It is one, which embraces a class of subjects, or places and dos not omit any subject or place naturally belonging to such class. o Special: relates to particular persons or things of a class or to a particular community, individual or thing. o Local: operation is confined to a specific place or locality (e.g. municipal ordinance) b. Private (substantial) Applies only to a specific person or subject (e.g. naming a special day, changing the name of a public monument) c. Permanent Statute (duration) Operation is not limited in duration but continues until repealed Does not terminate by the lapse of a fixed period or by the occurrence of an event Neither disuse nor custom or practice to the contrary operates to render it ineffective or inoperative Examples include: Civil Code, RPC, and national holidays which are envisioned to apply indefinitely d. Temporary (duration)

Duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of an event Provides for its own term of existence Automatic expiration without need for declaration Examples include: Martial Law, special holidays

e. Other Statutes 1. Prospective (Application) Law applied when the transaction was sued upon 2. Retrospective (Application) Law applied for past transactions before the existence of the law 3. Declaratory (Operation)* 4. Curative (Operation) Addresses a defect in the law, similar to remedial laws, includes defects such as missing facts or details 5. Mandatory (Operation) No choice but to obey, has consequences if violated 6. Directory (Operation) Obey by choice, no consequences 7. Substantive (Operation) Laws on rights, claims, and causes of actions 8. Remedial (Operation) Based on remedies, defend and prosecute and claim rights 9. Penal (Operation) Defines a crime with penalty Public Act Philippine legislature from 1901 to 1935 Commonwealth Act Laws eneacted during the Commonwealth from 1936 to 1946 Republic Act Laws from 1946 to 1972 and from 1987 onwards Batas Pambansa Laws promulgated by the Batasang Pambansa Presidential Decrees and Executive Orders Issued by the president in the exercise of his legislative power, serially numbered and with a title Legislative Power (Art. VI, section 1) Power to Enact: make laws, and to alter and repeal them Executive Power (Art. VII, section 1) Power to Execute: Enforce and administer laws

Judiciary Power (Art. VIII, section 1) Power to Interpret: Apply and construe the laws Enactment of Statutes Art VI, section 26 (2): 2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal. 1. First Reading Secretary reports the bill for first reading Reads the number and title of the bill Bill is referred to the appropriate Committee for study and recommendation The Committee may hold public hearings on the proposed measure The Committee submits its report and recommendation for Calendar and second reading 2. Second Reading Bill shall be read in full with the amendments proposed by the Committee Bill is subject to debates After amendments have been acted upon, the bill will be VOTED on If approved, the bill shall be included in the Calendar of bills for third reading Printed copies shall be distributed to its members before passage into its final form 3. Third Reading The bill is submitted for final vote by yeas and nays and is entered into the journal. The approved bill is transmitted to the Senate for concurrence, which will follow substantially the same process. If the Senate approves the bill without amendment, the bill is passed by Congress and the same will be transmitted to the President for appropriate action *Presidential certification of a bill dispenses the requirement of printing and distribution of the bill 3 days before final passage and reading the bill on separate days. Presidential certifications may not be subject for judicial review. 4. Conference Committee Reports If the Senate introduces amendments and the HOR does not agree, a conference committee is held to settle the amendments and the report containing the recommendations shall be considered passed by Congress and sent to the President for action Recommendations may include new provisions in the bill that were not originally included in either House or Senate versions of the bill Mechanism for compromising differences between the Senate and the House in the passage of a bill into law

5. Authentication of Bills System of authentication devised is the signing by the Speaker and the Senate President of the printed copy of the approved bill, certified by the respective secretaries both Houses. It signifies that the bill presented to the President is duly approved by the legislature and ready for approval or rejection (separation of powers, coequal branch) 6. Presidents Approval or Veto The bill is enacted upon the Presidents signature approval The President has the power to veto the bill presented and return it to the House where it originated with his objections. The objections shall be entered in its Journal. The veto must be communicated within 30 days after receipt of the bill. The House where the bill originated shall be reconsidered and shall agree to pass the bill with 2/3 concurrence of all the members of the House The reconsidered bill and the Presidents stated objections are sent to the other House and if approved by 2/3 of all the members of the House, it shall become a law. The votes of each House shall be determined by yeas and nays and the names of the Members voting for or against the bill be entered in its Journal.
Parts of Statutes (Intrinsic Aid) 1. Preamble Prefatory statement or explanation or a finding of facts, reciting the purpose, reason, or occasion for making the law to which it is prefixed. It is usually found after the enacting clause and before the body of the law. 2. Title Article VI, section 26 One title on subject rule Purpose of the title requirement: a) prevent log-rolling legislation, b) prevent surprise or fraud upon the legislature which might lead to the careless adoption of the bill, and c) fairly apprise the people of the subject matter of the legislation, and d) guide in ascertaining legislative intent and clarify doubt or ambiguity in the meaning of a statute Where there is doubt as to whether the title sufficiently expresses the subject matter of the statute, the question should be resolved against the doubt and in favor of the constitutionality of the statute Example in class: The New Anti-Subversion Act o Sufficient and already indicates that the bill is a repeal to the previous version of the Anti-Subversion Act The title requirement does not apply to the laws in force and existing at the time the 1935 Constitution took effect A statute whose title does not conform to the constitutional requirement or not related in any manner to its subject is NULL and VOID. 3. Enacting Clause Part of a statute written immediately after the title thereof which states the authority by which the act is enacted o US-Philippine Commission: By authority of the President of the United States be it enacted by the United States Philippine Commission

o o

o o

Philippine Legislature: By authority of the United States, be it enacted by the Philippine Legislature Bicameral Philippine Legislature: Be it enacted by the Senate and the House of Representatives of the Philippines by the legislature assembled and by authority of the same Commonwealth: Be it enacted by the National Assembly f the Philippines Commonwealth (bicameral): Be it enacted by the Senate and the House of Representatives in Congress assembled

4.

Purview or Body of Statute Separability Clause Repealing Clause Effectivity Clause Article VI, section 24 Budget Preparation Budget Authorization Budget Execution Budget Accountability Appropriation Bill Article VI, section 25 Power of the Purse Appropriate Provisions Fiscal Autonomy

Legislative Journal Enrolled Bill Ordinance Power Chapter 2 Book 3 of EO 292 SC Ruling and Power Administrative Rule Administrative Interpretation Legislative Power of LGU Barangay Ordinance Municipal Ordinance City Ordinance Provincial Ordinance Requisite for exercise of judicial power Locus Standi Legal Standing When Law Takes Effect When Presidential Issuance, Rules, and Regulations Take Effect When Local Ordinance Takes Effect

Chapter 2: Construction Interpretation Rules of Statutory Construction Legislative Intent Legislative Purpose Legislative Meaning Construction is a judicial function Legislature cannot overrule When judicial interpretation may be set aside When court may construe statute Condition Sine Qua Non Ambiguity Verba Legis Legis Interpretato legis vim obtinet Stare Decisis et non quieta novere Lex prospicit non respicit Courts may not enlarge nor restrict statute Courts not to be influenced by questions of wisdom Expressium facit cessare tacitum Expressio unius est exclusio alterius

Chapter 3: Title Preamble Punctuation Marks Capitalization of Letters Headnotes or Epigraphs Lingual Text Intent or Spirit of Law Policy of Law Dictionaries Purpose of Law or Mischief to be Suppressed Presumptions What constitutes legislative history? Legislative Debates, Views and Deliberations Reports of Commissions Prior Laws Change in Phraseology by Amendments Amendment by Deletion Exceptions to the Rule Adopted Statutes Limitations of Rule Principle of Common Law Condition at time of Enactment History of the Times Contemporary Construction Est Optima et Fortissima in Lege Executive Construction Weight Accorded to Contemporaneous Construction Weight Accorded to Usage and Practice Optimus interpres rerum usus Construction of rules and regulation Reasons why contemporaneous construction is given much weight When contemporaneous construction disregarded Ultra vires Erroneous contemporaneous construction does not precluded correction nor create rights;exceptions Legislative interpretation Legislative approval Ratihabitio mandato aequiparatur Reenactment Stare decisis Obiter Dictum Reipublica ut sit finis litium Chapter IV Literal meaning or plain-meaning rule Index animi sermo Verbal egis non est recedendum

Maledicta est exposition quae corrumpit textum Dura lex sed lex Absoluta sentential expositore non indigent Hoc quidem perquam durum est, sed ita lex scripta est Aequitas nunquam contravenit legis Statute must be capable of interpretation, otherwise operative Interpretatio fienda est ut res magis valeat quam pereat What is within the spirit is within the law Ratio legis Literal import must yield to intent Verba inentioni non e contra debent inservire Construction to accomplish purpose When reason of law ceases, law itself ceases Supplying legislative omission Correcting clerical errors Qualification of rule Construction to avoid absurdity

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