PARTS OF A STATUTE

Statutory Construction . NEU College of Law

PARTS OF A STATUTE

Title
Preamble
Enacting Clause
Body
Exceptions and Provisos
Interpretative, Repealing, Separability and Saving
Clause
Effectivity Clause

TITLE

Part of the statute which gives a general statement

of, and calls attention to, the subject matter of an
act, so that the legislators and the public may be
apprised of the subject matter of the legislation,
and be put upon inquiry in regard thereto.
Constitutional Provisions on Titles (already discussed)

PRESIDENTIAL DECREE NO. 851 REQUIRING ALL EMPLOYERS TO PAY THEIR

EMPLOYEES 13th-MONTH PAY
WHEREAS, it is necessary to further protect the level of real wages from the
ravage of worldwide inflation;
WHEREAS, there has been no increase in the legal minimum wage rates since
1970;
WHEREAS, the Christmas season is an opportune time for society to show its
concern for the plight of the working masses so they may properly celebrate
Christmas and New Year.
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in
me by the Constitution, do hereby decree as follows:
Section 1. All employers are hereby required to pay all their employees receiving
a basic salary of not more than P1,000 a month, regardless of the nature of their
employment, a 13th-month pay not later than December 24 of every year.
Sec. 2. Employers already paying their employees a 13th-month pay or its
equivalent are not covered by this Decree.
Sec. 3. This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of December 1975.

PREAMBLE

That part of the statute, following the title and

preceding the enacting clause, which states the
reasons for, or the objects of, the enactment.
It is not an essential part of the statute, thus, not all
laws have a preamble.
Usually called as the Whereas clauses.

PRESIDENTIAL DECREE NO. 851 REQUIRING ALL EMPLOYERS TO PAY THEIR

EMPLOYEES 13th-MONTH PAY
WHEREAS, it is necessary to further protect the level of real wages from the
ravage of worldwide inflation;
WHEREAS, there has been no increase in the legal minimum wage rates since
1970;
WHEREAS, the Christmas season is an opportune time for society to show its
concern for the plight of the working masses so they may properly celebrate
Christmas and New Year.
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in
me by the Constitution, do hereby decree as follows:
Section 1. All employers are hereby required to pay all their employees receiving
a basic salary of not more than P1,000 a month, regardless of the nature of their
employment, a 13th-month pay not later than December 24 of every year.
Sec. 2. Employers already paying their employees a 13th-month pay or its
equivalent are not covered by this Decree.
Sec. 3. This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of December 1975.

ENACTING CLAUSE

That part of the statute which indicated the

authority which promulgated the enactment.
Be it enacted by the Senate and House of
Representatives in Congress assembled.

PRESIDENTIAL DECREE NO. 851 REQUIRING ALL EMPLOYERS TO PAY THEIR

EMPLOYEES 13th-MONTH PAY
WHEREAS, it is necessary to further protect the level of real wages from the
ravage of worldwide inflation;
WHEREAS, there has been no increase in the legal minimum wage rates since
1970;
WHEREAS, the Christmas season is an opportune time for society to show its
concern for the plight of the working masses so they may properly celebrate
Christmas and New Year.
NOW, THEREFORE, I, FERDINAND E. MARCOS, by virtue of the powers vested in
me by the Constitution, do hereby decree as follows:
Section 1. All employers are hereby required to pay all their employees receiving
a basic salary of not more than P1,000 a month, regardless of the nature of their
employment, a 13th-month pay not later than December 24 of every year.
Sec. 2. Employers already paying their employees a 13th-month pay or its
equivalent are not covered by this Decree.
Sec. 3. This Decree shall take effect immediately.
Done in the City of Manila, this 16th day of December 1975.

BODY

Referred to as the purview of the act, contains the

subject matter of the statute.
Usually for convenience, the body is divided into
articles, titles, chapters and sections; there is
however no constitutional provision requiring such
division.
The main part, bulk, important part of the statute.

PROVISOS

Is a clause added to an enactment for the purpose

of acting as a restraint upon or as a qualification
of, the generality of the language which it follows.
It usually starts with the word provided.

Sec. 25. Repealing Clause. All laws and parts of law,

including Republic Act Numbered Forty hundred and
ninety-two and pertinent portions of city charters, which
are inconsistent with the provisions of this Act are hereby
repealed and/or modified accordingly: Provided, That
rights already acquired and existing at the time of its
passage shall not in any way be abridged, modified or
affected: And Provided, further, That nothing herein
contained shall be construed as depriving any province,
city, municipality or municipal district of any power at
present enjoyed or already exercised or done by it or as
diminishing its autonomy.
Vested rights existing at the time of the promulgation of
this law arising out of a contract between a province, city or
municipality on one hand and a third party on the other,
shall be governed by the original terms and provisions of
the same, and in no case should this Act be interpreted to
infringe existing rights
(Republic Act No. 5185)

EXCEPTIONS

A clause that exempts something which would

otherwise fall within the general words of the
statute.
Art. 1174. Except in cases expressly specified by
the law, or when it is otherwise declared by
stipulation, or when the nature of the obligation
requires the assumption of risk, no person shall be
responsible for those events which could not be
foreseen, or which, though foreseen, were
inevitable. (Civil Code of the Philippines)

INTERPRETATIVE CLAUSE

That part of the statute where the legislature

defines its own language or prescribes rules for its
own construction.
Art. 4. Construction in favor of labor. All doubts in the
implementation and interpretation of the provisions
of this Code, including its implementing rules and
regulations, shall be resolved in favor of labor.
(Labor Code of the Philippines)

REPEALING CLAUSE

That part of the statute which announces the

legislative intent to terminate or revoke another
statute/s
Art. 302. Repealing clause. All labor laws not
adopted as part of this Code either directly or by
reference are hereby repealed. All provisions of
existing laws, orders, decrees, rules and regulations
inconsistent herewith are likewise repealed. (Labor
Code of the Philippines)

SAVING CLAUSE

A clause restricts a repealing act and preserves

existing powers, rights and pending proceedings
from the effects of the repeal.

Sec. 25. Repealing Clause. All laws and parts of law,

including Republic Act Numbered Forty hundred and
ninety-two and pertinent portions of city charters, which
are inconsistent with the provisions of this Act are hereby
repealed and/or modified accordingly: Provided, That rights
already acquired and existing at the time of its passage
shall not in any way be abridged, modified or affected:
And Provided, further, That nothing herein contained shall
be construed as depriving any province, city, municipality
or municipal district of any power at present enjoyed or
already exercised or done by it or as diminishing its
autonomy.
Vested rights existing at the time of the promulgation of
this law arising out of a contract between a province, city or
municipality on one hand and a third party on the other,
shall be governed by the original terms and provisions of
the same, and in no case should this Act be interpreted to
infringe existing rights
(Republic Act No. 5185)

SEPARABILITY CLAUSE

A clause which states that if for any reason, any

section or provision of the statute is held to be
unconstitutional or invalid no other section or
provision of the law shall be affected thereby.
Art. 301. Separability provisions. If any provision or
part of this Code, or the application thereof to any
person or circumstance, is held invalid, the remainder
of this code, or the application of such provision or
part to other persons or circumstances, shall not be
affected thereby. (Labor Code of the Philippines)

EFFECTIVITY CLAUSE

That part of the law which states when such law

shall take effect.
Effectivity This Act shall take effect fifteen (15)
days after its publication in the Official Gazette or
in at least two (2) national newspapers of general
circulation, whichever comes earlier.
Approved, March 2, 1989.

ASSIGNMENT

Choose any enacted law (preferably shorter ones).

Print this law (maximum five pages)
Highlight the different parts of statutes, as herein
discussed.
Submit on September 6, during your MT Exam
schedule.