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Statutory Construction | Source: Agpalo

CHAPTER I: STATUTES A. IN GENERAL

Laws - generic sense: refers to the whole body or system of law - concrete sense: refers to the rule of conduct formulated and made obligatory by legitimate power of the state - includes:
# Statutes enacted by the Legislature, # PDs and EOs issued by the President in the exercise of his legislative powers, # Others presidential issuances made in the exercise of his ordinance powers # rulings of the SC (Art. 8, CC) # rules and regulations promulgated by administrative or executive officers pursuant to delegated power # ordinances of sanggunians of LGUs

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Page 1 ! of 14 ! If with period: the statute terminates at the end of such period If designed to meet an emergency: the statute ends upon the cessation of such emergency; an emergency, by nature, is temporary in character, do must the statute intended to meet it, be

3. According to APPLICATION a. Prospective - generally, laws should be applied prospectively (Art. 4, CC) b. Retroactive - exceptionally, laws shall have retroactive effect only when the law specifically provides therefor (Art. 4, CC) or, in the case of penal statutes, when it is beneficial to the accused who is not a habitual criminal (Art. 22, RPC) 4. According to OPERATION a. Declaratory - a law which explains, or ascertains what before was uncertain or doubtful - passed to put an end to a doubt as to what the law is, and which declares what it is and what it has been b. Curative - enacted to cure legal defects in a prior law or to validate legal proceedings which would otherwise be void for want of conformity with certain legal requirements - intended to enable persons to carry into effect that which they have designed or intended; to give validity to acts done that would have been invalid under existing laws, as if existing laws have been complied with - they make valid that which, before the enactment of the statute, was invalid

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Statutes - generally, 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 - exceptionally, an act of the Chief Executive in the exercise of his legislative powers (e.g. Marital Law, Revolutionary Government under Freedom Constitution) CLASSIFICATION: 1. According to SCOPE *

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a. Public statutes - one which affects the public at large or the whole community b. Private statutes - one which applies only to a specific person or subject * NOTE: whether a statute is public or private depends on substance rather than on form

c. Mandatory - those that require, as opposed to permit, a particular course of action - characterized by the use of directive terms such as shall d. Directory - a law which points out a thing or course of proceeding; optional - sometimes characterized by the use of the word may e. Substantive - a statute or written law that controls the rights and actions of all persons within the jurisdiction f. Remedial - laws which afford/give a new remedy or which supply some defects or abridge some superfluities of the common law 5. According to FORM a. Affirmative b. Negative Manner of referring to statutes - statutes are identified by the respective authorities that enacted them and are consecutively numbered
# PA, 1901-1935: by Philippine Commission and Philippine Legislature # CA, 1935-1946: during the Commonwealth Govt. # RA,1946-1972, 1987- present: Congress of the Phil. # BP, 1973-1986: by the Batasang Pambansa

Public statutes: a. General statutes - one which applies to the whole state and operates throughout the state alike upon all the people or all of a class - one which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class * special penal laws may be general in character b. Special law - one which relates to particular persons or things of a class or to a particular community, individual, or thing c. Local statutes - one whose operation is confined to a specific place or locality

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2. According to DURATION a. Permanent statute - one whose operation is not limited in duration but continues until repealed - it does not terminate by lapse of a fixed period or by occurrence of an event - neither disuse nor custom or practice to the contrary operates to render it ineffective or inoperative (Art. 7, CC) b. Temporary statute - one who duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of an event

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- a statute may also be referred to by its Title

Statutory Construction | Source: Agpalo

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B. ENACTMENT OF STATUTES

- the study of statutory construction should begin with the understanding of how bills are enacted into law - basis: legislative intent is sometimes ascertained through an examination of the legislative history (steps and actions taken and language employed to enact a statute) LEGISLATIVE POWER OF CONGRESS Sec. 1, Art. VI, 1987 Constitution The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a HOR, except to the extent reserved to the people by the provision on initiative and referendum. Legislative power - the authority and power, under the constitution, to make, repeal and alter laws broad, general and comprehensive - the Legislature possesses plenary power for all purposes of civil government - except as limited by the Constitution, either expressly or impliedly, legislative power embraces all subjects and extends to matters of general concern or common interest vested in the Congress - not just in a particular chamber athough: a. the Constitution requires that the initiative for filing certain bills must come from the HOR; basis: HOR members, elected as they are from the districts, are expected to be more sensitive to the local needs and problems b. Senators, elected at large, are expected to approach the same problem from the national perspective - both views are made to bear on the enactment of laws

Page 2 ! of 14 ! - internal rules of procedure are subject to revocation, modification or waiver at the pleasure of the body adopting them; they are procedural and the courts have no concern with their observance

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* ONLY violations of rules provided by the Constitution itself (e.g. 2/3 vote requirement) will render the statute void. * violations of internal rules of procedure promulgated by the Congress, without violation of the Constitution or of any individual rights, shall not render the statute unconstitutional STEPS IN PASSING A BILL INTO LAW Bill - a proposed legislative measure introduced by a member or members of Congress for enactment into law - it is signed by its authors and filed with the Secretary of the House - origin: either of two Houses of Congress; the following, however, must originate from the HOR: a. tax bills b. appropriation c. revenue or tariff bills d. bills authorizing increase of public debt e. bills of local application f. private bills

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Source: Legal Method Essentials by Dante Gatmaytan

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Legislation is far more complicated in real life. a. legislation is not always the initiative of elected lawmakers, they may be drafted by other stakeholders, especially when civil society is actively engaging government b. Informal channels of lobbying; conference committees, for example, open a completely new opportunity to rewrite the law and are accessible to interest groups c. impact of the media on the final form of the law

Constitutional grant of legislative powers - by the physical arrangement of the articles on such powers, the legislative power is first and appears to be more extensive and broad than the executive and judicial powers - without a law, the executive has nothing to execute and the judiciary has nothing to interpret and apply - the grant of legislative power means a grant of all legislative power Subjects of Legislation - except as the Constitution may have excluded specific subjects from legislation or laid down restrictions, the Congress may legislate or enact laws for any of the purposes of civil government (comprehensive leg. power) - Art. II, Declaration of Principles and Policies, which are generally not self-executing and which require enabling laws to implement them * NOTE: even self-executing Constitutional provisions may not prevent Congress from enacting further laws to enforce the same within their confines, impose penalties for violations, and supply minor details. PROCEDURAL REQUIREMENTS IN ENACTMENT OF LAWS - general: provided by the Constitution (e.g. Art. II, Art. III); - specific procedure: embodied in the Rules of both Houses of Congress, promulgated by them pursuant to the constitutional mandate empowering it to determine its rules of proceedings, Sec. 16(3), Art. VI

Statutory Construction | Source: Agpalo 1. PREPARATION OF THE BILLthe draft - the member of the bill drafting division of the reference and research bureau prepares and drafts the bill upon the members request

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2.

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Source: Agpalo

- A bill is approved by either House after it has gone three readings in accordance with Sec. 26(2), Art. VI: (2) No bill passed by either House shall become a law unless it has passed 3 readings on separate days, and printed copies thereof in its final form have been distributed to its Members 3 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 immediately be taken thereafter, and the yeays and nays entered in the Journal.

2. FIRST READING 1) the bill is filed with the bills and index service; the same is numbered and reproducedfiling, numbering and reproduction 2) 3 days after its filing, the same is included in the order of business for first reading 3) On the 1st reading, the Sec. Gen. READS the a)TITLE and the b) NUMBER OF THE BILL. The Speaker of the House REFERS the bill to the appropriate committees.

3. APPROPRIATE COMMITTEEs CONSIDERATION/ACTION 1) Scheduling for public hearings and committee discussions 2) Result of the public hearings or committee discussions shall be made the bases of the introduction of amendments, consolidation of bills on the same subject matter, and proposal of a substitute bill; thereafter, a COMMITTEE REPORT is prepared 3) the committee approves the committee report and formally transmits the same to the plenary affairs bureau

either House of Congress - Sec. 26(2) requirements DO NOT APPLY to conference committee reports, even if such report includes new provisions which have not been considered by either House - the requirements ONLY APPLY TO bills introduced for the first time in either House of Congress - all that is required is that the conference committee report be APPROVED BY BOTH HOUSES of Congress

4. SECOND READING 1) Registration and numbering of committee report by the bills and index service and referral of the same to the committee on rules. 2) Scheduling for 2nd reading 3) On the 2nd reading, the Sec. Gen. READS the a) NUMBER, b) TITLE and c) TEXT of the bill a. period of sponsorship and debate b. period of amendments c. voting which may be by: - viva voce - count by tellers - division of the house - nominal voting

Presidential certification - dispenses with the requirement not only of printing but also that of reading the bill on separate days - the unless clause must be read in relation to the except clause because the two are coordinate clauses of the same sentence - the factual basis of the Presidential certification of bills may not be subject to judicial review, as it merely involves doing away with procedural requirements designed to insure that bills are duly considered by members of Congress

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5. THIRD READING 1) The amendments, if any, are engrossed and printed copies of the bill are reproduced for Third Reading. 2) The engrossed bill is included in the Calendar of Bills for Third Reading and copies of the same are distributed to all the Members three days before its Third Reading. 3) On 3rd Reading, the Sec. Gen. reads only the a) NUMBER and b) TITLE of the bill. 4) A roll call or nominal voting is called and a Member, if he desires, is given three minutes to explain his vote. No amendment on the bill is allowed at this stage. a. The bill is approved by an affirmative vote of a MAJORITY of the Members present. b. If the bill is disapproved, the same is transmitted to the Archives. 6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE The approved bill is transmitted to the Senate for its concurrence. 7. SENATE ACTION ON APPROVED BILL OF THE HOUSE The bill undergoes the same legislative process in the Senate. 8. CONFERENCE COMMITTEE If WITHOUT amendments The bill is passed by Congress and the same will be transmitted to the President for appropriate action.

Conference Committee reports - generally, it is a mechanism for compromising differences between the Senate and the House in the passage of a bill into law - there is nothing in the Rules which limits a conference committee to a consideration of conflicting provisions - thus the phrase, third body of the legislature - it is always the final version of the bill which is conclusive under the enrolled bill doctrine and which will be submitted to the President for approval

Authentication of Billsthe ENROLLED BILL - the law making process ends upon the approval by Congress of the bill 1. signing of the approved bill by: a. Speaker of the House b. Senate President 2. certification by the Secretaries of both Houses - signifies to the President that the bill being presented to him has been duly approved by the legislature and is ready for approval or rejection

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Presidential approval/ veto Sec. 27(1), Art. VI The President shall communicate his veto oof any bill to the House where it originated within 30 days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. INSUM: A bill passed by Congress becomes a law 1. When the President signs it 2. When the President does not sign nor communicate his veto of the bill within 30 days after his receipt thereof

Statutory Construction | Source: Agpalo 3. When the vetoed bill is repassed by Congress by 2/3 vote of all its Members, each House voting separately

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Page 4 ! of 14 ! Liberal construction - the Court has adopted a liberal rather than technical construction of the rule so as not to cripple or impede legislation

C. PARTS OF STATUTES

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STATUTES GENERALLY CONTAIN THE FF. PARTS 1. PREAMBLE - prefatory statement; explanation or a finding of facts, reciting the purpose, reason, or occasion for making the law to which it is prefixed - usually found after the enacting clause and before the body of the law - more often used in PDs and EOs, because in other statutes the legislature expounds on the purpose of the bill in its explanatory note or in the course of deliberations - preambles are therefore important in the construction of PDs 2. TITLE OF THE STATUTE One title-one subject Rule Sec. 26(1), Art. VI, 1987 Every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof. - the provision is mandatory; ergo, a violation thereof would render the statute unconstitutional - the provision contains dual limitations: 1) there must be a homogenous subject 2) the title of the bill is to be couched in a language sufficient to notify the legislators and the public and those concerned of the import of the single subject thereof A. Purposes of title requirement Principal purposes: 1. To prevent hodgepodge or log-rolling legislation 2. To prevent surprise or fraud upon the legislature - To apprise the legislators of the object, nature, and scope of the provisions of the bill - To prevent the enactment into law of matters which have not received the notice, action and study of the legislature - To prevent duplicity in legislation 3. To fairly apprise the people of the subjects of legislation that are being heard thereon 4. To be used as a guide for ascertaining legislative intent when the language of the law does not clearly express its purpose - the title may clarify doubt or ambiguity on the meaning and scope of the statute as it is supposed to limit the statute to only one subject - it is an intrinsic aid to statutory construction

# where a law amends a statute or a part of it, it suffices if reference be made to the legislation to be amended, there being no need to state the precise nature of the amendment B. Subject of repeal of statute - the repeal of a statute on a given subject is properly connected with the subject matter of a new statute on the same subject, and therefore a repealing section in the new statute is valid notwithstanding that the title is silent on the subject - the repeal of previous legislations is certainly germane to an act and to the object to be accomplished thereby Ratio: a. where a statute repeals a former law, such repeal is the effect and not the subject of the statute; and it is the subject, not the effect of the law, which is required by the Constitution to be briefly expressed in its title b. to require that every other act which the new law repeals or alters by implication must be mentioned in the title of the new act would be neither within the reason of the Constitution nor practical

C. How requirement of title construed - LIBERAL CONSTRUCTION; it should not be given a technical interpretation - it should neither be narrowly construed so as to cripple or impede the power of legislation - doubts as to whether the title sufficiently expresses the subject matter of the statute should be resolved in favor of its constitutionality

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D. When requirement not applicable - the one title-one subject rule was only embodied in the 1935, 1973 and 1987 Constitutions - the requirement therefore applies only to bills enacted into law after the adoption of the 1935 Constitution and NOT TO LAWS IN FORCE AND EXISTING at the time it took effect E. Effect of insufficiency of title - General rule: A statute whose title does not conform to the constitutional requirement or is not related in any manner to its subject is null and void. The nullity, however, is only to the extent of the subject matter not expressed in the title (partial nullity). - Exception: There cannot be partial nullity if the invalid provisions are inseparable from the others, in which case the nullity of the former vitiates the rest

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riders - a provision not germane to the subject matter of the bill Constitutional standard - the title of the bill is not required to be an index to the body of the act or to be comprehensive as to cover every single detail of the measure - if the title fairly indicates the general subject and reasonably covers all the provisions of the Act and is not calculated to mislead the legislature or the people, then there is sufficient compliance with the constitutional requirement - or if the title is comprehensive enough to include the general object which the statute seeks to effect, and where the persons interested are informed of the nature, scope and consequences of the proposed law and its operation

3. ENACTING CLAUSE - the part of the statute written immediately after the title thereof which states the authority by which the act is enacted # Present Congress: "Be it enacted by the Senate and House of Representatives in Congress assembled." # PDs: "NOW THEREFORE, I, _____, President of the Philippines, by virtue of the powers vested in me by the Constitution,do hereby decree as follows." 4. PURVIEW / BODY OF THE STATUTE - the part which tells what the law is all about - constitutional requirement: the body of a statute should only embrace one subject matter which should be expressed in its title - how the constitutional requirement is complied with:

Statutory Construction | Source: Agpalo when the provisions of the law, no matter how diverse they may be, a) are allied and germane to the subject and purpose of the bill and b)are in furtherance thereof 5. SEPARABILITY CLAUSE - the part which states that if any provision of the act is declared invalid, the remainder shall not be affected thereby - a legislative expression of the intent that the nullity of one provision shall not invalidate the other provisions of the act - a legislative replacement of the presumption of nonseparability

Page 5 ! of 14 ! sources of financing, including receipts from existing and proposed revenue measures.

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- after approval of the "proposed budget" by the Dept. of Budget and Management, the same is submitted to Congress for evaluation and inclusion in the appropriations law general appropriation bill - a special type of legislation, whose content is limited to specified sums of money dedicated to specific purposes or a separate fiscal unit - power of appropriation --> power to specify HOW money shall be spent - the only provisions which Congress can include in an appropriation bill are those which relate specifically to some particular appropriation therein and be limited in its operation to the appropriate items to which it relates

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6. REPEALING CLAUSE - repeals by subsequent legislation are in no way a legislative declaration finding the earlier law unconstitutional; the power to make such declaration lies exclusively with the courts 7. EFFECTIVITY CLAUSE - provision on when the law takes effect * READ ON ART. 3, CC BILLS ORIGINATING FROM THE LOWER HOUSE Sec. 24., Art. VI All appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments. - the procedure for the enactment of ordinary bills applies to the enactment of those specifically required to originate from the Lower House "shall originate exclusively" - it is only the INITIATIVE for filing the said bills which must come from the House of Representatives - the Senate is not prohibited in filing "substitute bills" in anticipation of its receipt of the bill from the House, so long as action by Senate as a body is withheld pending receipt of the House bill # Tolentino v. Sec. of Finance

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RESTRICTIONS IN PASSAGE OF BUDGET OR REVENUE BILLS 1. SEC. 25, ART. VII 1. a) Budget preparation by the President and submission to Congress. Sec. 25, Art. VI (1) The 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. - the "power of the purse" belongs to Congress, subject only to the veto power of the President - the President may propose the budget, but Congress still has the final say on the matter of appropriations - power of appropriation --> power to specify the project or activity to be funded under the appropriation law (which can be as detailed as Congress desires it to be) 1. b) Each provision must relate specifically to particular appropriation Sec. 25, Art. VI (2) No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. - precludes Congress from including in the appropriations bills "inappropriate provisions" - Congress may include special provisions, conditions to items which cannot be vetoed separately from the items to which they relate so long as they are "appropriate" in the budgetary sense - examples of inappropriate provisions which the President may validly veto: a. repeal or amendment of law Infringement on the fiscal autonomy of LGUs # increase or decrease of IRAs of LGUs # modifications on the LGU share on the IRA - fiscally autonomous constitutional commissions/officers and the judiciary are outside the ambit of Congress appropriation powers - fiscal autonomy contemplates a guarantee of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require - fiscal autonomy means freedom from outside control

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"coequality" of legislative powers of Senate and HOR - given the power of the Senate to propose amendments, the Senate can propose its own version even with respect to matters which are required to originate in the House - 'proposal of amendments' = 'proposal of an entirely new bill' Ratio: - the members of the HOR, elected as they are from the districts, are expected to be more sensitive to the local needs and problems - senators, on the other hand, are expected to approach the same problems from the national perspective ENACTMENT OF BUDGET AND APPROPRIATION LAW - follows the usual route which any ordinary bill goes through in its enactment 4 major phases: 1. Budget Preparation 2. Budget Authorization 3. Budget Execution 4. Budget Accountability Sec. 22, Art. VII The President shall submit to the Congress within thirty days from the opening of every regular session, as the basis of the general appropriations bill, a budget of expenditures and

Statutory Construction | Source: Agpalo - the principle of separation of powers also call for the acknowledgment of such autonomy b. grant of Congressional veto requiring Congress approval or disapproval of expenses for a specific purpose in the budget c. unconstitutional d. denies the President the right to defer or reduce spending for a particular item e. "riders" f. special interest provisions

Page 6 ! of 14 ! but the veto shall not affect the item or items to which he does not object.

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- the President may veto not only any particular item but also any inappropriate provisions in the bill Item - refers to the particulars, the details, the distinct and several parts of the bill - an indivisible sum dedicated to a stated purpose - an item which in itself is a specific appropriation of money, not some general provision of law, which happens to be put into an appropriation bill - the power to disapprove any item or items in an appropriation bill does not grant the authority to veto a part of an item and to approve the remaining portion of the same item; the President either has to disapprove the whole item or not at all 3. SEC. 29, ART. VI 3.a) No public funds to be spent except by law Sec. 29, Art. VI (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by law. - only Congress can authorize the expenditure of public funds by passage of a law to that effect - limit of Congress: the legislature is without power to appropriate public fund for anything but a public purpose - test of "public purpose": whether the measure is designed to promote public interests, as opposed to the furtherance of advantage of individuals, although it might incidentally serve the public 3.b) No public money or property for religious purposes Sec. 29, Art. VI (2) No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of religion, or of any priest, preacher, minister, or other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

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1. c) Procedure in approving appropriations Sec. 25, Art. VI (3) The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for other departments and agencies. 1. d) Special appropriation bill to specify purpose Sec. 25, Art. VI (4) A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposed therein. 1. e) Restriction on transfer of appropriation; exception Sec. 25, Art. VI (5) 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 Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations.

- while individual members may determine the necessity of realignment of savings in the allocations of their operating expenses, the final say on the matter is lodged in the Senate President or the Speaker, as the case may be, who should give his approval when two requirements are met: (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 the transfer or realignment is to be made

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1. f) Discretionary funds requirement Sec. 25, Art. VI (6) Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may be prescribed by law. 1. g) Automatic reenactment of budget Sec. 25, Art. VI (7) If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed by the Congress. 2. President's veto power Sec. 27, Art. VI (2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill,

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- the prohibition does not apply to the temporary use of public streets or places, which are open to the public, for some religious purposes # free use of water supply given to a religious order in exchange for its donation of a land in favor of a public corporation # Aglipay v. Ruiz TEST: 5. purpose of use of public funds or property 6. consideration of religion itself 3.c) Money for special purpose Sec. 29, Art. VI (3) All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government. 4. Highest budgetary priority to education, DIRECTORY Sec. 5, Art. XIV

Statutory Construction | Source: Agpalo (5) The State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.

Page 7 ! of 14 ! reasonable relation between the mode or method of proceeding established by the rule and result which is sought to be attained

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- merely directory, meaning other more important concerns may override this Constitutional provision, e.g. imperatives of national interest and for the attainment of other state policies or objectives RULES AND RECORDS OF LEGISLATIVE PROCEEDINGS - the constitution requires that the legislative proceedings be duly recorded in accordance with the rules of each House of Congress Sec. 16, Art. VI (3) Each House may determine the rules of its proceedings, x x x. (4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Sec. 26, Art. VI (2) x x x 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. Sec. 27, Art. VI (1) Every bill passed by the Congress 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, which shall enter the objections at large in its Journal and proceed to reconsider it. x x x In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.

- when political question: it is within the province of either House of Congress to interpret its rules - when justiciable: where construction to be given to a rule affects persons other than members of the Legislature UNIMPEACHABILITY OF LEGISLATIVE JOURNALS Sec. 16, Art. VI (4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Legislative journals - conclusive upon the courts with respect to matters that are required by the Constitution to be recorded therein; it is also accorded conclusive effect as to other matters, in the absence of evidence to the contrary Ratio for conclusiveness - imperative reasons of public policy require that the authenticity of laws should rest upon public memorials most permanent in character public: because all are required to conform to them permanent: that rights acquired to day shall not be destroyed tomorrow by facts resting only in the memory of individuals - public memorial v. individual memory

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* Read on the difference between the ENROLLED BILL DOCTRINE and the CONCLUSIVENESS OF LEGISLATIVE JOURNALS; Read relevant case assigned enrolled bill > legislative journals - generally: in case of conflict between the two, the enrolled bill should prevail over the legislative journal - exception: as to matters that the Constitution requires to be entered in journals ENROLLED BILL Enrolled bill - the bill as passed by Congress, authenticated by the Speaker and the Senate President and approved by the President Enrolled bill doctrine - requires the Court to accept as having passed Congress, all bills authenticated in the manner required by the Constitution - the text of the act as passed and approved is deemed importing absolute verity and is binding on the courts - the signing of the cill by the Speaker of the House and the Senate President and the certification of the Secretaries of both Houses of Congress that it was passed are conclusive of its due enactment

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POWER TO ISSUE ITS RULES OF PROCEEDINGS Limits: 1. constitutional restraints 2. fundamental rights 3. rational relationship between method and result sought * Read on SEPARATION and DELEGATION OF POWERS (Constitutional Law I) - the power of each House to issue its own proceedings may not exceed constitutional restraints or violate fundamental rights; furthermore, there should be reasonable relation between the mode or method of proceedings established by the rules and the result sought to be attained - Secs. 26-27, Art. VI: constitutional requirements for the enactment of laws - only violations of the specific rules PROVIDED BY THE CONSTITUTION for the enactment of laws will render them unconstitutional # Francisco v. HOR - while the Constitution empowers each House to determine its rules of proceedings, it may not a) ignore constitutional restraints or b) violate fundamental rights and c) there should be a

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Basis - respect due to coequal and independent departments demand that courts act upon the faith and credit of what the officers of the said branches attest to as the official lats of their respective departments Proper remedy in case of legitimate mistakes - if there has been any mistake in the printing of the bill before it was certified by the officer of the assembly, the remedy is by

Statutory Construction | Source: Agpalo amendment by enacting a curative legislation, not by judicial decree

Effect of withdrawal of authenticity - the Speaker and Senate President may actually withdraw their respective signatures from the enrolled bill where there is serious and substantial discrepancy in the bill deliberated upon and the bill actually signed - such withdrawal renders the bill without attestation and nullifies its status as an enrolled bill - the court can declare that the bill has not been duly enacted and did not accordingly become a law

Page 8 ! of 14 ! Proclamations - acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order

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Memorandum Orders - acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government General or Special Orders - acts and commands of the President in his capacity as Commander-in-Chief of the AFP "power of control" - the President's power to assume directly the functions of the executive department, bureau and office, or interfere with the discretion of its officials - corollary: power to supervise the enforcement of laws for the maintenance of general peace and public order "administrative power" - concerned with the work of applying policies and enforcing orders as determined by proper governmental organs - enables the President to fix a uniform standard of administrative efficiency and check the official conduct of his agents ADMINISTRATIVE RULES AND REGULATIONS - have the force and effect of law or partake the nature of a statute if they are issued by administrative officers or executive officers in accordance with, and as authorized by law - all that is required for their validity is that the rules should be germane to the objects and purposes of the law laws > administrative rules * Read on ART. 7, CC - in case of discrepancy or conflict between the basic law and the regulations issued to implement it, the former prevails over the latter - the rule-making power of a public administrative agency is a delegated legislative power TESTS for valid delegation of legislative powers 1. Completeness test - it must set forth the policy to be executed, carried out or implemented by the delegate 2. Sufficient standard test - "sufficient standard": the limits of which are sufficiently determinate or determinable - may be expressed or implied from the policy and purpose of the act as a whole, marks its limits, maps out its boundaries and specifies the public agency to apply it - the Court, in decided cases, has declared the following to be sufficient standards: # simplicity, dignity # public interest # interests of law and order # justice and equity # substantial merits of the case # adequate and efficient instruction

SUMMARY OF RULES * Summary of the rules on internal rules of proceedings, legislative journals, and doctrine of enrolled bill in # Arroyo v De Venecia 1. Mere failure to conform to parliamentary usage will not invalidate the action (taken by a deliberative body) in the absence of a showing that there was a violation of Constitutional provisions or of rights of private individuals - in the case, no rights of private individuals are involved but only those of a member who, instead of seeking redress in the House, chose to transfer the dispute to the Court 2. The jurisdiction of the Court is subject to the case and controversy requirement of Sec. 5, Art. VIII - if them, the established rule is that courts cannot declare an act of the legislature void on account merely of non-compliance with rules of procedures made by itself, it follows that such a case does not present a situation in which a branch of government has "gone beyond the constitutional limits of its jurisdiction: so as to call for the exercise of power of judicial review under Sec. 1, Art. VIII 3. In the instant case, not even a rule of the HOR was in existence so as to be the basis of the allegation of "railroading" 4. Going behind the enrolled bill - In a case, the Court went behind an enrolled bill and consulted the Journal to determine whether certain provisions of a statute had been approved by the Senate - but where there is no evidence to the contrary, the Court will respect the certification of the presiding officers of both Houses that a bill has been duly passed

! ! D. ISSUANCES, RULES and ORDINANCES !

PRESIDENTIAL ISSUANCES - issued by the President in the exercise of his ordinance power Executive Orders (EO) - acts of the President providing for rules of a general or permanent character in the implementation or execution of constitutional or statutory powers - vs. Execution Orders (Freedom Constitution) which were issued by the President in the exercise of his legislative power during the revolutionary period and which are of the same category and binding force as statutes enacted by the legislature

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Administrative Orders (AO) - acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head

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ILLUSTRATIVE CASES ON VALIDITY OF EXECUTIVE ORDERS, RULES AND REGULATIONS Requisites for a valid administrative issuance

Statutory Construction | Source: Agpalo 1. Its promulgation must be authorized by the legislature - e.g. "Congress may, by law, authorize the President..."

2. It must be promulgated in accordance with the prescribed procedure - general rule: the promulgation of administrative issuances requires previous notice and hearing - exception: no previous notice and hearing is necessary where the legislature itself requires it and mandates that the regulation shall be based on certain facts determined at an appropriate investigation

Page 9 ! of 14 ! substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.

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complemented by: Sec. 30, Art. VI No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence. # UNCONSTITUTIONAL: a statute which makes the decision of a quasi-judicial body directly appealable to the SC without its advice and concurrence - 1997 Rules of Civil Procedure; Rules of Criminal Procedure; Rules of Court - the rule-making power of the SC includes the power to repeal procedural laws (e.g. those which prescribe the method of enforcing rights or obtaining redress for their invasion vs. legislative power - the SC, in the exercise of its rule-making power, does not have the power to promulgate rules which are substantive in nature TEST on whether an SC rule is substantive or procedural 1. whether the rule really regulates procedure or the judicial process for enforcing rights and duties recognized by substantive law and for justly administering remedy and redress for a disregard or infraction of them a. Procedural - if it operates as a means of implementing an existing right b. Substantive - if the rule creates or takes away a vested right (e.g. right to appeal)

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interpretative rules - give no real consequence more than what the law itself has already prescribed legislative rules - in the nature of subordinate legislation, crafted to implement a primary legislation # CIR v. CA; CIR v. MJ Lhuillier Pawnshop, Inc. * when an administrative rule goes beyond merely providing for the means that can facilitate or render less cumbersome the implementation of the law and substantially increases the burden of those governed, it behooves the agency to accord at least to those directly affected a chance to be heard and to be duly informed, before the issuance is given the force and effect of a law

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3. It must be within the scope of the authority given by the legislature 4. It must be reasonable ADMINISTRATIVE RULE =/= ADMINISTRATIVE INTERPRETATION OF LAW Administrative rules and regulations - in the promulgation thereof, the administrative agency "makes: a new law with the force and effect of a valid law - BINDING ON THE COURTS even if they are not in agreement with the policy stated therein or with its innate wisdom Administrative interpretation - when an administrative agency renders an opinion or gives a statement of policy - MERELY ADVISORY because it is the courts that finally determine what the law means Judicial construction > administrative Construction - administrative construction is NOT NECESSARILY BINDING upon the courts - action of an administrative agency may be disturbed or set aside by the judicial department if there is error of law, or abuse of power or lack of jurisdiction or grave abuse of discretion clearly conflicting with the letter or the spirit of the law * READ on ARTs. 7, 8, CC SUPREME COURT RULE-MAKING POWER Sec. 5, Art. VIII The Supreme Court shall have the following powers: (5) 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

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LEGISLATIVE POWER OF LGUs - refers to the power of the local legislative bodies to enact ordinances a. barangay ordinance b. municipal ordinance c. provincial ordinance Requisites for validity 7. passage in accordance with prescribed procedure 8. must meet "substantive requisites" for their validity (1) must not contravene the Constitution (2) must not be unfair or oppressive (3) must not be partial or discriminatory (4) must not prohibit but may regulate trade

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(5) must be general and consistent with public policy (6) must not be unreasonable

BARANGAY ORDINANCE Sangguniang barangay - the smallest legislative body - it may pass an ordinance affecting a barangay by MAJORITY VOTE of all its members 1. A barangay ordinance is subject to review by the Sangguniang Bayan or Sangguniang Panglungsod, for the determination of its consistency with law or with municipal ordinance 2. The Sanggunian 30 days from submission, a. return it with his approval or veto

Statutory Construction | Source: Agpalo b. NON ACTION within said period: - presumption of ordinance's consistency with the law or city ordinance - brgy. ordinance will be deemed approved c. FINDING OF INCONSISTENCY: - return of the same to the Sangguniang Barangay for adjustment, amendment or modification - effectivity of the ordinance is suspended

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PRESUMPTION OF CONSTITUTIONALITY

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- every statute is presumed valid - all reasonable doubts should be resolved in favor of the constitutionality of law; to doubt is to sustain - to justify the nullification of a law, there must be a clear and unequivocal breach of the Constitution, not a doubtful and argumentative implication Ratio c. essence of how a law is enacted gives rise to the presumption that the legislature has decided the measure to be constitutional and the presumption that the President, in approving the bill, has been convinced of its validity d. decent respect due to the wisdom, integrity and the patriotism of the legislature, by which the law is passed, and the chief executive, by which the law is approved e. for the responsibility of upholding the Constitution rests not on the courts alone but on the legislature and executive as well f. it reflects the wisdom and justice of the people as expressed through their representatives in the executive and legislative departments of the government

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MUNICIPAL ORDINANCE - the power to enact municipal ordinance is lodged with the Sangguniang Bayan - the affirmative VOTE OF THE MAJORITY of the members of the Sangguniang Bayan present and voting, there being a QUORUM, shall be necessary for the passage of any ordinance 1. The municipal mayor shall within 10 days from receipt thereof, a. return it with approval or veto b. NON ACTION within said period: approved 2. The Sangguniang Bayan may, by 2/3 votes of all members, OVERRIDE THE VETO of the mayor 3. The ordinance is then submitted to the Sangguniang Panlalawigan for review 4. The Sangguniang Panlalawigan may, within 30 days from receipt of the ordinance: a. invalidate it, in whole or in part b. NON ACTION within said period: approval CITY ORDINANCE - the power to pass a city ordinance is vested in the Sanggunniang Panglungsod - the affirmative VOTE OF MAJORITY of the members of the SP present and voting, there being a QUORUM, is necessary 1. The City Mayor shall, within 10 days from receipt of the ordinance, a. return it with his approval or veto b. NON ACTION within the said period: approval 2. The Sangguniang Panglungsod may OVERRIDE THE VETO of the ordinance by 2/3 VOTES OF ALL MEMBERS 3. If the city is a component city, the approved ordinance is submitted tot eh Sangguniang Panlalawigan for review; otherwise, it is already deemed valid PROVINCIAL ORDINANCE - the power to pass a provincial ordinance is lodged in the Sangguniang Panlalawigan - the affirmative VOTE OF MAJORITY of the members of the SP present and voting, there being a QUORUM, is necessary 1. The Governor shall, within 15 days from receipt of the ordinance, a. return it with his approval or veto b. NON ACTION within the said period: approval 2. The Sangguniang Panlalawigan may OVERRIDE THE VETO of the ordinance by 2/3 VOTES OF ALL MEMBERS

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Jurisdiction and authority over nullifications * READ on ART. VIII - final authority: the Supreme Court sitting en banc Sec. 4, Art. VIII (2) All cases involving the constitutionality of a treaty, international or executive agreement, which shall be heard by the Supreme Court en banc, and all other cases which under the Rules of Court are required to be heard en banc, including those involving the constitutionality, application, or operation of presidential decrees, proclamations, orders, instructions, ordinances, and other regulations, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

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- initial authority: trial courts may also have the jurisdiction to initially decide the issue of constitutionality of a law in appropriate cases * it will be prudent for such courts to defer to the higher judgment of the SC the determination of a law's validity * every court is charged with the duty of purposeful hesitation before declaring a law unconstitutional REQUISITES FOR EXERCISE OF JUDICIAL POWER - before the court may resolve the question of constitutionality of a statute, the following requisites should be present: 1. justiciability 2. locus standi 3. earliest opportunity 4. lis mota 1. APPROPRIATE CASE Sec.1,Art. VIII The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. 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 a grave abuse of discretion amounting to lack

E. VALIDITY OF STATUTE

Statutory Construction | Source: Agpalo or excess of jurisdiction on the part of any branch or instrumentality of the Government.

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Justiciable controversy - the resolution of which will require the court to choose between the Constitution and the challenged statute - a matter appropriate for court review - the Court does not automatically assume jurisdiction over actual controversies brought before it even in instances that are ripe for resolution (e.g. Political questions) * READ on DELEGATION OF POWERS and POLITICAL QUESTIONS Ratio - judicial power is limited only to actual controversies, as a last resort and a necessity in the determination of real, actual, earnest, and vital controversy between litigants 2. LOCUS STANDI: LEGAL STANDING TO SUE - "personal and material/substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged" - not mere incidental interest - concrete injury is the indispensable element of a dispute which serves in part to cast it in a form traditionally capable of judicial resolution - must establish: 9. that the actual or threatened injury is traceable to the allegedly illegal conduct of the government 10. that the injury is likely to be redressed by a favorable action - whether or not the court will entertain a suit is a matter of judicial discretion taxpayer standing - when it is established that public funds have been disbursed in alleged contravention of the law or the Constitution - when there is an exercise by Congress of its axing or spending power - taxpayer's suit will not prosper where a. the statute being challenged does not involve the expenditure of public funds b. there is no allegation 1) that tax money is being spent in violation of a specific provision of the Constitution or 2) that there is misapplication of public funds or 3) that public money is being deflected to any improper purpose c. petitioner does not seek to restrain the public officials concerned from wasting public funds through the enforcement of an invalid or unconstitutional law

Page 11 ! of 14 ! - ratio: a judgment in a class suit, under the principle of res judicata, is binding on all members of the class WON they were before the court - a class suit will fail where it appears that not all interests can be sufficiently represented as shown by the divergent issues raised in the petitions; failure upon this ground does not preclude the petition finding support from other grounds

"transcendental importance" - the SC may, in its discretion, take cognizance of a suit which does not satisfy the requirement of legal standing - liberal attitude of the Court on the locus standi of petitioner where the issue of transcendental significance to the people is established - where the Court brushes aside technicalities of procedure due to the paramount importance to the public of the issues raised # Francisco v. HOR - no statutory definition; but there are instructive determinants nevertheless: 1) character of the funds or other assets involved in the case 2) presence of a clear case of disregard of a constitutional or statutory prohibition by the public respondent agency or instrumentality of the government 3) the lack of any other party with a more direct and specific interest in raising the questions being raised

Rule on real party-ininterest - concept of civil procedure - 3 requirements are directed towards ensuring that only certain parties can maintain an action

Rule on Standing - has constitutional and public policy underpinnings - standing restrictions require a partial consideration of the merits, as well as broader policy concerns relating to the proper role of the judiciary in certain areas Question: Whether such parties have alleged a personal stake in the outcome of the controversy

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Question: Whether he is the party who 1) would be benefited or injured by the judgment or 2) entitled to the avails of the suit

3. WHEN TO RAISE CONSTITUTIONALITY - constitutional questions will not be entertained by the courts unless they are specifically raised, insisted upon , and adequately argued - the party raising the question of its validity must raise it at the earliest opportunity * in the COMPLAINT or PETITION (of plaintiff or petitioner) * in the ANSWER (of the defendant or respondent) * a question not raised in the pleadings may not be raised at the trial and, consequently, may not be raised on appeal

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legislator's suit - a member of Congress has the legal standing to question the validity of a # presidential veto or a # condition imposed on an item in an appropriations bill - to the extent that the powers of Congress are impaired, so is the power of each member thereof, since his office confers a right to participate in the exercise of powers of that institution citizen's suit - when the proceeding involves the assertion of a public right, the mere fact that he is a citizen satisfies the requirement of personal interest class suit - persons intervening must be sufficiently numerous to fully protect the interests of all concerned to enable the court to deal properly with all the interests involved

Exceptions g. the question may be raised in a MOTION FOR RECONSIDERATION or NEW TRIAL in the lower court where the statute sought to be invalidated was not in existence when the complaint was filed or during the trial h. in criminal cases: AT ANY STAGE OF THE PROCEEDINGS/ APPEAL i. in civil cases: where the determination thereon is necessary to the decision

Statutory Construction | Source: Agpalo j. where the JURISDICTION OF THE COURT BELOW is involved

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Page !12 of 14 ! - instead, its nullity should affect only the parties involved in the case and its effects should be applied prospectively

4. LIS MOTA: NECESSITY OF DECIDING CONSTITUTIONALITY The court will not pass upon the validity of a statute: a. if it can decide the case on some other grounds - it will leave the constitutional question for consideration until an appropriate case arises in which a decision upon such question is unavoidable - if the only issue is a constitutional question which is unavoidable, the court should confront the question and decide the case on the merits b. the issue raised has become moot and academic

4. More standards for ordinances - as regards ordinances, the tests of validity are: (1) must not contravene the Constitution (2) must not be unfair or oppressive (3) must not be partial or discriminatory (4) must not prohibit but may regulate trade

Exceptions - the court may relax strict compliance with the procedural requirements for the court to inquire into the constitutionality of a law: 11. where the constitutional question is of paramount public interest 12. where time is of the essence in the resolution of such question 13. where there is undeniable necessity for a ruling, public policy may demand that its constitutionality be resolved 14. possibility of recurrence

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(5) must be general and consistent with public policy (6) must not be unreasonable

EFFECTS OF UNCONSTITUTIONALITY General rule - an unconstitutional act is not a law--it confers no rights, imposes no duties, affords no protection, creates no office - it is, in legal contemplation, inoperative as though it had never been passed ART. 7, CC Exception - a judicial declaration of invalidity may not necessarily obliterate all the effects and consequences of a void act occurring prior to such declaration Basis (for the exception) - the actual existence of a statute prior to the determination of its nullity is an operative fact and may have consequences which cannot justly be ignored - while it was in force, it had to be complied with until the Court finally declared its unconstitutionality - otherwise, it would be chaotic if the parties affected were left free to disobey it in the meanwhile - it would be productive of injustice if no notice of its existence as a fact is given - the past cannot be erased by a new judicial declaration

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The following does not preclude judicial review - the fact that the validity of a statute has not been challenged for many years - that the statute has been accepted as valid in cases where its validity was not raised TEST OF CONSTITUTIONALITY - TEST: what the Constitution provides in relation to what can or may be done under the statute, and not by what has been done under it; content of the Constitution vs. content of the statute - the court may not declare a law unconstitutional on grounds other than constitutional Grounds for nullification 1. Contravention of the constitution - not within legislative power to enact - creates/establishes methods that infringe constitutional principles - purpose or effect violates constitutional principles 2. Vagueness - a statute is vague when it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its application - in which case, the statute violates the constitution in two respects: 1) violates due process for failure to accord the people fair notice of what conduct to avoid 2) leaves law enforcers unbridled discretion in carrying out its provisions

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PARTIAL INVALIDITY General rule - where a part of the 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 - the presence of a separability clause creates the presumption that the legislature intended separability rather than complete nullity Exception - when the parts of the 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 # Tatad v. Sec. of the Dept. of Energy

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3. Change in circumstances (e.g. in Emergency laws) - while they are deemed unconstitutional at the time of their enactment as a valid exercise of police power, they may become unconstitutional once the emergency has passed or because there have been changes in circumstances and conditions - the general rule on the effects of unconstitutionality of a statute is inapplicable to a statute declared invalid under this situation

Requirements in case of partial invalidation 15. the valid portion must be so far independent of the invalid portion 16. enough must remain to make a complete, intelligible, and valid statute, which carries out legislative intent 17. the void provisions must be eliminated without causing results affecting the main purpose of the act in a manner contradictory to the intention of the legislature 18. what remains must express the legislative will independently of the void part since the court has no power to legislate

Statutory Construction | Source: Agpalo

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F. EFFECT AND OPERATION

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WHEN LAWS TAKE EFFECT # Tanada v. Tuvera

General rule: after 15 days following the completion of publication Exception: when the law otherwise provides for its own effectivity date - The 15-day period may either be on the 15th day or on the 16th day, depending on the language used by Congress 16th day: "after 15 days following its publication" 15th day: "15 days after its publication" - when the law is silent, the general rule (effectivity on the 16th day) applies "Shall take effect immediately upon approval" - it shall take effect after publication, with the 15-day period being dispensed with - "approval" does not mean on the day of enactment, disregarding completely the publication requirement Reduction or extension of 15-day period - any provision in the law reducing or extending the usual 15-day period shall be valid provided it be after publication Publication requirement - pre-Tanada v. Tuvera decision: the SC ruled that publication in the OG is necessary only in those cases where the legislation itself does not provide for its effectivity date; that publication is determinant of the laws' effectivity; that when a specific date is provided, publication is no longer necessary - Tanada v. Tuvera decision: The SC ruled that ART. 2 does not preclude the publication requirement even when the law itself provides for its date of effectivity. The clean object of the law is to give the general public adequate notice of the various laws which are to regulate their conduct. Publication is the basis for the application of ART. 3 and the maxim ignorantia legis non excusat. The proviso "unless otherwise provided" only refers to a law that has been duly published pursuant to the basic constitutional requirements of due process.

"Laws" - all laws, not only those of general application, for strictly speaking, all laws relate to the people in general albeit there are some that do not apply to them directly EXCLUDED: Municipal ordinances - they are covered by the LGC SC decisions - lawyers in practice must keep abreast of decisions INCLUDED: PDs and EOs - whenever they are validly delegated by the legislature or directly conferred by the Constitution Administrative rules and regulations - only those whose purpose is to enforce or implement existing laws pursuant to a valid delegation - with the exception of those that a) merely internal and b) merely interpretative (i.e. LOIs) Monetary Board Circulars - those which serve as "fillers" to Central Bank Acts - those which have "penal clause" - with the exception of those which merely state general policies as to how the law should be construed

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WHEN PDs, RULES AND REGULATIONS TAKE EFFECT A. Presidential issuances General rule - requirement of publication as a condition for effectivity also applies to Presidential issuances Exception - those which are merely interpretative or internal in nature not concerning the public B. Administrative rules and regulations 2 types of rules and regulations 1. implementing rules - REQUIRES PUBLICATION for its effectivity - those whose purpose is to enforce or implement an existing law pursuant to a valid delegation or to fill in the details of a statute - ADDITIONAL REQUIREMENT: compliance with the requirements on filing under the Administrative Code (1) Every agency must file with the UP Law Center 3 certified copies of every rule adopted by it (2) Each rule shall become effective 15 days from the date of filing as above provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to public health, safety and welfare, the existence of which must be expressed in a statement accompanying the rule

Where to publish - pre-EO 200 amending ART. 2: The SC ruled that the publication must be effected in the OG and not in any other medium. - Pres. Aquino's EO 200 (1987): Pursuant to this amendatory law, publication of laws may now either be in the OG or in a newspaper of general circulation.

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2. interpretative rules; letters of instruction issued by superior - DOES NOT REQUIRE PUBLICATION - those which are merely internal in character; concerns the personnel of the administrative agency and not the public Ratio for a publication and filing requirement (for the implementing rules) k. publication: to inform the people of the rules and regulations before they can be bound thereby *indispensable l. filing: to have a central office (UP Law Center) where interested parties can readily secure copies of such rules and regulations or check on their existence *dispensable

Publication in full - all or nothing - incomplete publication would amount to no publication at all since its purpose is to inform the public of the content of the laws "Newspaper of general circulation" - one published for the dissemination of local news and general information - one that has a bona fide subscription list of paying subscribers - one that is published at regular intervals - that there are other newspapers having larger circulation is unimportant

* Bothe requirements must be complied with EXCEPT when the law authorizing the issuance of the rules and regulations DISPENSES WITH THE FILING REQUIREMENT, in which case,

Statutory Construction | Source: Agpalo publication--which cannot be dispensed with without violating the due process clause, will be sufficient to make them effective

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WHEN LOCAL ORDINANCE TAKE EFFECT - local ordinances are governed by the Local Government Code and are thus NOT COVERED by ART. 2, CC 1. Effectivity General rule - shall take effect after 10 days from the date a copy thereof is posted in the: a. bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall; and b. at least 2 other conspicuous places in the local government unit concerned Exception - as otherwise stated in the rdinance or resolution STATUTES CONTINUE IN FORCE UNTIL REPEALED 2. Duty of the Secretary of the Sanggunian - posting of the ordinance/resolution in the required places not later than 5 days after approval thereof - recording of the following in a book kept for such purpose: a. dates of approval and posting b. dissemination in Filipino or English and the language or dialect understood by the majority of the people in the LGU concerned 3. Penal sanctions IN PROVINCES Publication - the gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation Posting - in the absence of any newspaper of general circulation, posting of such ordinances shall be made in all municipalities and cities of the province where the Sanggunian of origin is situated IN HIGHLY URBANIZED and INDEPENDENT COMPONENT CITIES - the main features of the ordinance or resolution duly enacted or adopted shall be posted and published once in a LOCAL newspaper of general circulation within the city; in the absence thereof, it shall be published in any newspaper of general circulation STATUTES CONTINUE IN FORCE UNTIL REPEALED -- Art. 7, CC Statutes in terms of duration and effect: 1. permanent or indefinite 2. temporary Temporary statutes - those that are in force only for a limited period - they terminate upon a) the expiration of the term or upon b) the occurrence of certain events - no repealing statute is necessary to bring a temporary law to an end Permanent statutes - it continues in force until repealed or changed by the legislature

Page !14 of 14 ! - "law once established continues until changed by some competent legislative power; it is not changed by change of sovereignty," except that of a political nature - once created, the law persists until a change takes place and when changed, it continues in such changed condition until the next change, so forever

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TERRITORIAL AND PERSONAL EFFECT OF STATUTES --Art. I, 1987 Constitution --Art. 14, 15, CC - the Philippines being a sovereign, its authority may be exercised over its entire dominion; no portion thereof is beyond its power - its jurisdiction is both territorial and personal

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MANNER OF COMPUTING TIME --Art. 13, CC Art. 13. When the law speaks of years, months, days, or nights, it shall be understood that years are of 365 days each; months of 30 days; days of 24 hours; and nights from sunset to sunrise. If months are designated by their name, they shall be computed by the number of days they respectively have. In computing a period, the first day shall be excluded and the last day excluded.

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example: 12 months = 360 days 1 year = 365 days even leap years = 365 days 365th day = consummation of 1 year If the last day falls on a Saturday, Sunday or Legal Holiday: The effect will be dependent on whether the rule arises from a contract or from the Rules of Court 19. Ordinary contract - the agreement of the parties prevails because the agreement of the parties thereto has the force of law between them 20. Rules of Court / Court order / Statute - the time shall not run until the next working day

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* this principle DOES NOT APPLY TO the computation of the period of PRESCRIPTION OF A CRIME, in which the rule is that if the last day in the period of prescription of a felony falls on a Sunday or legal holiday, the information concerning the said felony can no longer be filed on the next working day, as the offense has by then already prescribed "(number) of days" - when the law requires the doing of an act within a particular umber of days, it means calendar days and not working days "week" - when used as a measure of time and without reference to the calendar, it means a period of seven (7) consecutive days without regard to the day of the week from which it begins