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Statute- an act of the legislature commanding or prohibiting something; a particular law enacted and established by the will of the

legislative department of government; the written will of the legislature, solemnly expressed according to the forms necessary to constitute it the law of the state. law- a rule of conduct formulated and made obligatory by legitimate power of the state. Construction- root word is "construe" ; the drawing of conclusions with respect to subjects that are beyond the direct expression of the text from elements known and given in the text. Interpretation- the process of discovering the true meaning of the language used Statutory Construction- is the art or process of discovering and expounding the meaning and the intention of the authors of the law with respect to its application in a given case, where that intention is rendered doubtful, amongst others, by reason of the fact that the given case is not explicitly provided for in the law. Parts of a Statute 1) Title - The part which announces the subject of the bill. The purpose of a title is to give a general statement of and to call attention to the subject matter of the act. It may also be used for identification. The title is used as a guide to ascertain the legislative will when the language of the act does not clearly express its purpose 2) Preamble - It is the part which follows the title and precedes the enacting clause. The preamble explains the reasons for the enactment and the objects sought to be attained thereby. A preamble neither creates nor grants any right, nor is it the source of any government power. 3) Enacting Clause - It is the part of the bill immediately preceding the body of the statue and which identifies the bill as an act of legislation. 4) Body - It is the principal portion of the bill embodying the substance of the right or remedy provided for. 5) Effectivity Date - portion which provides for the time when the law shall take effect Enactment of a Statute (How does a bill become a law?) - 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 (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 be taken immediately thereafter, and the yeas and nays entered in the Journal. - 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. - If, after such reconsideration, two-thirds (2/3) of all the Members of such House shall agree to pass the bill, it shall be sent together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds (2/3) of all the Members of that House, it shall become a law. - In all such cases, the votes of each House shall be determined by yeas and 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 (30) days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it. Presidential Issuances - are those which the President issues in the exercise of his ordinance power. They include executive orders, administrative orders, proclamations,

memorandum orders, memorandum circulars, and general or special orders. These issuances have the force and effect of laws. - Generally, rules and regulations issued by administrative or executive officers are of two (2) types, namely: > those whose purpose is to enforce or implement existing law pursuant to a valid delegation or to fill in the details of a statute (i.e. requires publication for its effectivity) > those which are merely interpretative in nature or merely internal in character not concerning the public (i.e. does not require publication for its effectivity) Types/Kinds of Statutes As to Scope of Application: -GENERAL - One which affects all of the people of the State or all persons or things of a particular class -SPECIAL- One which relates either to particular persons or things of a class or which operates on a portion of a class instead of all the classes. -LOCAL - One which operates over a particular locality instead of over the whole territory of the State As to Interested Parties: -PUBLIC - One which concerns the interest of the public at large -PRIVATE - One which relates to, concerns and affects particular individuals As to Effect (In Time): -PROSPECTIVE - One which anticipates the regulation of future conduct -RETROSPECTIVE - One that affects acts already committed and operates on transactions completed As to Purpose: -REMEDIAL - Statutes which afford a remedy, or improve or facilitate existing remedies for the enforcement of rights and of redress of injuries -PENAL - Those which impose a punishment for the violation of its provisions -CURATIVE - Those which are enacted to cure defects in a prior law As to Coercive Force Applied: -MANDATORY - A statute is mandatory if non-compliance therewith renders the proceedings to which it relates null and void. -DIRECTORY - A statute or any of its provisions is directory if non-compliance therewith does not invalidate the proceedings to which it relates. As to Period of Effectivity: -PERMANENT - One whose operation or activity is not limited to some particular term or period, but continues in force until repealed or amended. -TEMPORARY - One whose operation or effectivity is limited to a fixed period or term; It continues in force up to the expiration of said period or term, unless earlier repealed or amended. As to Stage of Enactment: -ORIGINAL - One which purports to be independent of existing statutory provision. -AMENDATORY - One which expressly adds to or supplements, or works out an improvement in the original law. -REPEALING - One which revokes or terminates another statute. -ADOPTED - Those which are adopted wholly or in part by another state. -RE-ENACTED - These are pre-existing statues which are passed by the legislaturewhich originally enacted them in the same terms or in substantially the same language and for the same purpose and object as the original statute.

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