Professional Documents
Culture Documents
Chapter I
STATUTES
A. IN GENERAL 1.01. Laws, generally.
JURAL AND GENERIC SENSE refers to the whole body or system of law. JURAL AND CONRETE SENSE law means a rule of conduct formulated and made obligatory by legitimate power. [JURAL adj. Of or relating to law or to legal rights and obligations] TYPES OF STATUTES: P-O-O-L-E-R-S Enacted by Legislature Presidential Decrees Executive Orders Other Presidential Issuance Supreme Court Rulings Rules and Regulations by administrative and executive officers Ordinances
1.05 Manner of referring to statutes. By its title e.g Violence Against Women, Anti-hazing Law, etc. By the respective authorities
P.A. - Public Acts Philippine Legislature (1901 1935) C.A. - Commonwealth Act Commonwealth (1936 1946) R.A. - Republic Acts Congress (1946 1973; 1987 onwards) B.P. - Batas Pambansa Batasang Pambansa P.D. - Presidential Decrees Presidents legislative power E.O. Executive Orders ditto
CLASSIFICATIONS OF STATUES: C-A-S-E-D A. Scope Public Statute is one which affects the public at large. Private Statute is one which applies only to a specific person or subject. B. Coverage (L-S-G) la salle greenhills General Law is one which applies to the whole state upon all people or all of a class. Special Law is one which relates to particular persons or things of a class or to a particular community, individual or thing. Local Law is one whose operation is confined to a specific place or locality. C. Duration Permanent is one whose operation is not limited in duration but continues until repealed. Temporary is a statute whose duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of event. (e.g. Emergency Law it ends upon the cessation of the emergency) D. Application Prospective (alam mo na dapat meaning nito) Reactive (ditto)
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AGPALO 2009
- a bill may be into law ONLY in the manner the Constitution requires and in accordance with the procedure therein provided. - courts have no power to inquire into allegations that, in enacting a law, a House of Congress failed to comply with its own rules, in the absence of a showing that there was a violation in the constitution or the rights of an individual. - revocation or modification of procedural rules lies within the legislature.
C. PARTS OF STATUTES
P-R-E-S-T-E-P before it becomes a law 1. Preamble A preamble is a prefatory statement or explanation, reciting the purpose, reason, or occasion for making the law to which it is prefixed. 2. Title of the statute S-H-E-R-P a. Purpose, to prevent: S-Ho-Ri - hodgepodge (disorderly mass of mess) or log-rolling; - surprise or fraud upon the legislature; - rider provisions (provisions that are not germane to the title). b. Subject of repeal of statute - repeal is the effect, not the subject of the statute c. How requirement of title construed - Where there is doubt it should be resolved in favour of the constitutionality of the statute. d. When Requirement is not applicable - A bill shall embrace only one subject Rule: One title, one subject e. Effect of insufficiency of title - 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. 3. Enacting clause 4. 5. 6. 7. Purview or body of statute Separability clause Repealing clause Effectivity clause
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