Professional Documents
Culture Documents
IN GENERAL
Laws, generally
made obligatory by
the ex of legislative
(ordinance power)
sanggunians of local
Statutes, generally
According to form
o Affirmative
o Negative
Manner of referring to statutes
Singed by authors
Appropriation
Private bills
ENACTMENT OF STATUTES
Legislative power, generally
Delegated power
Issue rules and regulations to implement a specific
law
President signs
Indispensable
Journal of proceedings
Should be public
Enrolled bill
Thus, if there has been any mistake in the printing of the bill
before it was certified by the officer of the assembly and
approved by the Chief Executive, the remedy is by
amendment by enacting a curative legislation not by judicial
decree.
Effect:
o Nullifies the bill as enrolled
o Losses absolute verity
o Courts may consult journals
PARTS OF STATUTES
Title of statute
Liberally construed
If all parts of the law are related, and are germane to the
subject matter expressed in the title
Does not apply to laws in force and existing at the time the
1935 Constitution took effect.
Preamble
Found after enacting clause and before the body of the law.
Parts
o short title
o policy section
o definition section
o administrative section
o sections prescribing standards of conduct
o sections imposing sanctions for violation of its
provisions
o transitory provision
o separability clause
o effectivity clause
Separability clause
EO
o acts of the President providing for rules of a
general or permanent character in the
implementation or execution of constitutional/
statutory powers.
o do not have the force and effect of laws enacted by
congress
o different from EO issued by the President in the ex
of her legislative power during the revolution
Presidential decree under the freedom constitution
AO
o acts of the President which relate to particular
aspects of governmental operations in pursuance of
his duties as administrative head
Proclamations
o acts of the President fixing a date or declaring a
statute or condition of public moment or interest,
upon the existence of which the operation of a
specific law or regulation is made to depend
MO
o acts of the President on matters of administrative
details or of subordinate or temporary interest
which only concern a particular officer or office of
government
MC
o acts of the president on matters relating to internal
administration which the President desires to bring
to the attention of all or some of the departments,
agencies, bureaus, or offices of the government,
for information of compliance
Rule makes 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
City ordinance
Effects of unconstitutionality
It confers no rights
Imposes no duties
Affords no protection
Creates no office
2 views:
o Orthodox view unconstitutional act is not a law;
decision affect ALL
o Modern view less stringent; the court in passing
upon the question of unconstitutionality does not
annul or repeal the statute if it finds it in conflict
with the Constitution; decisions affects parties
ONLY and no judgment against the statute;
opinion of court may operate as a precedent; it
does not repeal, supersede, revoke, or annul the
statute
Invalidity due to change of conditions
Emergency laws
Leaves
law
enforcers
unbridled
discretion in carrying out its provisions
o Where theres a change of circumstances i.e.
emergency laws
Effectivity of laws
o default rule 15-day period
o must be published either in the OG or newspaper
of general circulation in the country; publication
must be full
2 types:
See Art. 13 CC
Interpretation
- art of finding the true
meaning and sense of any form
of words
Legislative meaning
What it comprehends;
The purpose:
o Continuous production of sugar
o To grant the laborers a share in the increased
participation of planters in the sugar produce
POWER TO CONSTRUE
Construction is a judicial function
It is the court that has the final word as to what the law
means.
Endencia v David
Source of confusion
These three laws are related or deal with public officers, but
are totally different statutes
Land Bank v. CA
The SC held that the doctrine that should apply is that which
was enunciated in Monge and Tupas because the transactions
involved took place prior to Belisario and not that which was
What acts that may be considered liable under the AntiSubversion Act
Morales v. Enrile
RP v. CA/ Molina
Courts are not authorized to insert into the law what they
think should be in it or to supply what they the legislature
would have supplied if its intention had been called to the
omission.
Title
Baguio v. Marcos
It ruled that the starting date to count the period is the date
the final decision was rendered.
The court ruled that examining Act no. 2874 in detail was
intended to apply to public lands only for the title of the act,
always indicative of legislative intent.