Statutory Construction (Agpalo)

CHAPTER 1: STATUTES Laws (jural and generic sense): whole body or system of law Laws (jural and concrete sense): rule of conduct formulated and made obligatory by legitimate power of the state Statutes: act of the legislature as an organized body, expressed in the form, and passed according to the procedure, required to constitute it as part of the law of the land. Public Statutes: affects the public at large or the whole community General Law: applies to the whole state and operates throughout the state alike upon all the people or all of the class; does not omit any subject or place naturally belonging to such class Special Law: relates to particular persons or things of a class or to a particular community, individual Local law: operation is confined to a specific place or locality Private Statutes: applies only to a specific person or subject * Substance rather than form Permanent Statutes: operation is not limited in duration but continues until repealed; does not terminate by the lapse of a fixed period Temporary Statutes: duration is for a limited period of time fixed or whose life ceases upon the happening of an event (emergency laws) Manner of referring to statutes: numbered and identified by the respective authorities than enacted them; serial number; referred by its title
Philippine Commission and the Philippine Legislature from 1901 to 1935 are

Legislative power of the Congress: Legislative power vested in the Congress of the Philippines (senate & House of Reps) EXCEPT to the extent reserved to the people y the provision on initiative and referendum Legislative Power: power to make, alter and repeal laws; the authority under the Constitution Constitution: will of the people in their original, sovereign and unlimited capacity House of Reps: more sensitive to local needs Senate: national perspective

Provisions of the Constitution: Non-self executing provisions: require congress to enact enabling legislations Self executing provisions: enact further laws to enforce the constitutional provisions within their confines, impose penalties for their violation, and supply minor details. BILL LAW Bill: proposed legislative measure introduced by a member/s of Congress for enactment into law. 1. First & second reading of bills a. FIRST READING st Secretary reports the bill for 1 rdg Rdg of # & title of the bill Referral to the appropriate committee May hold public rdgs b. SECOND READING Bill is read in full with the amendments proposed Copies are distributed Bill is subject to debates, motions and amendments Bill is voted 1. Approved bill is included rd in the calendar of bills for 3 rdg 2. Third reading a. Final vote for nays and yeas entered in the journal b. No amendment shall be allowed ** passed 3 readings on 3 separate days and printed copies in its final form have been distributed 3 days before its passage **except presidential certification (no judicial review) emergency, calamities 3. Conference committee reports rd a. Bill approved on 3 rdg transmitted to the other house for concurrence (agreement) w/c will follow the same route w/o amendment: transmitted to the president for appropriate action

Public Acts

Commonwealth Acts

Laws enacted during the Commonwealth from 1936 to 1946

Republic Acts

those under the 1987 Constitution

Batas Pambansa

Laws promulgated by Batasang Pambansa

Presidential Decree & Executive Orders

those issued by the President in the excercise of his legislative power

Statutory Construction (Agpalo)

w/ amendment: differences will be settled by the Conference Committee of both chambers, whose report or recommendation thereon will have to be approved by both Houses **Conference Committee: mechanism for compromising differences between the senate and the house in the passage of a bill into law; third body of the legislature 3 versions of the bill ** lower house ** Senate ** Conference Committee 4. Authentication of bills a. Lawmaking process ends when in the bill is approved by the body b. System of authentication devised is the signing of the speaker and the senate president of the printed copy of the approved bill 5. Presidents approval/veto a. Approves signs b. Veto return with his objections to the house where it originated 2/3 of all the members of each house voting separately c. President did not sign or communicate his veto to the house where it originated within 30 days upon receipt thereof PARTS OF STATUTES 1. Preamble prefatory statement or explanation or a findings of facts, reciting the purpose, reason or occasion for making the law; found after the enacting clause & before the body of the law 2. Title of the Statute every bill shall embrace only 1 subject w/c shall be expressed in the title; refrain from conglomeration of heterogeneous subjects