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Statutes in General
• Illinois Brick Co. v. Illinois 431 U.S. 720
Interpretation by the Executive
Branch
• Collector of Internal Revenue v. Manila Lodge No. 761, 105 Phil. 983 (1959)
II. Statutes
A. InGeneral
Temporary Statutes
Our duty is equally plain. The law being a temporary measure designed to
meet a temporary situation, it has limited period of operation as in fact it was
so worded in clear and unequivocal language that “no lessor of a dwelling
unit or land shall during the period of one year from March 31, 1970,
increase the monthly rental agreed upon between the lessor and lessee prior
to the approval of this act.
Hence the provision against the increase in monthly rental was effective only
from March 1970 up to March 1971. Outside and beyond that period the law
did not by the express mandate of the Act itself, operate. The said law did not,
by express terms, purport to give retroactive effect.
We therefore rule that R.A. No. 6126 is not applicable at the case at bar. As
the language of the law is clear and unambiguous, it must be held to mean
what it plainly says.
HELD: By a 9-6 vote, the SC rejected the challenge, holding that such
consolidation was consistent with the power of the Senate to propose or
concur with amendments to the version originated in the HoR. What the
Constitution simply means, according to the 9 justices, is that the initiative
must come from the HoR. Note also that there were several instances before
where Senate passed its own version rather than having the HoR version as
far as revenue and other such bills are concerned. This practice of
amendment by substitution has always been accepted. The proposition of
Tolentino concerns a mere matter of form. There is no showing that it would
make a significant difference if Senate were to adopt his over what has been
done.
2. Restrictions on Legislative Power
• Manila Prince Hotel v. GSIS, 267 SCRA 408, 433 – Supreme Law of the Land
(Filipino First Policy)
• Miller v. Nardo, 112 Phil 792
- Procedural Requirements was not followed; the
approval of both house
Rules of each House of Congress are hardly permanent in character. They are
subject to revocation, modification or waiver at the pleasure of the body
adopting them as they are primarily procedural. Courts ordinarily have no
concern with their observance. They may be waived or disregarded by the
legislative body. Consequently, mere failure to conform to them does not
have the effect of nullifying the act taken if the requisite number of members
has agreed to a particular measure. But this is subject to qualification. Where
the construction to be given to a rule affects person other than members of
the legislative body, the question presented is necessarily judicial in
character. Even its validity is open to question in a case where private rights
are involved.
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.
Conference Committee Report
The petitioners maintain that the second paragraph of Sec. 35 covering the
repeal of the franking privilege from the petitioners and this Court under E.O.
207, PD 1882 and PD 26 was not included in the original version of Senate
Bill No. 720 or House Bill No. 4200. As this paragraph appeared only in the
Conference Committee Report, its addition, violates Article VI, Sec. 26(2) of
the Constitution. The petitioners also invoke Sec. 74 of the Rules of the House
of Representatives, requiring that amendment to any bill when the House
and the Senate shall have differences thereon may be settled by a conference
committee of both chambers.
Casco Philippine Chemical Co. v. Gimenez laid down the rule that the enrolled
bill, is conclusive upon the Judiciary (except in matters that have to be
entered in the journals like the yeas and nays on the final reading of the bill).
The journals are themselves also binding on the Supreme Court.
Applying these principles, we shall decline to look into the petitioners'
charges that an amendment was made upon the last reading of the bill that
eventually became R.A. No. 7354 and that copies thereof in its final form
were not distributed among the members of each House. Both the enrolled
bill and the legislative journals certify that the measure was duly enacted i.e.,
in accordance with Article VI, Sec. 26(2) of the Constitution. We are bound by
such official assurances from a coordinate department of the government, to
which we owe, at the very least, a becoming courtesy.
Authentication of Bills
*Enrolled bill v. Journal Entry
-In case of conflict, the enrolled bill should
prevail, particularly with respect to matters not expressly required to be
entered into the legislative record.
C. Parts of a Statute
i. Preamble
ii.
Title of Statutes
• De Guzman v. COMELEC, 336 SCRA 188, Alalayan v. NPC, 24 SCRA 172, 179
b. How a title is construed
iii. iv.
v. vi. vii.
Repealing Clause Williams v. Standard Oil Co. 278 U.S, 235 73 ed. 287
Effectivity Clause
1987 Constitution
Article VI, Section 25[2], 1987 Constitution Article VI, Section 25[3], 1987
Constitution Article VI, Section 25[4], 1987 Constitution
Article VI, Section 25[6], 1987 Constitution Article VI, Section 25[7], 1987
Constitution
Article VI, Section 27[1], 1987 Constitution Article VI, Section 27[2], 1987
Constitution