Statutory Construction | Source: Agpalo

CHAPTER I: STATUTES
A. IN GENERAL
Laws

special penal laws may be general in character

b. Special law
one which relates to particular persons or things of a class or to a
particular community, individual, or thing
c. Local statutes
one whose operation is confined to a specific place or locality

generic sense: refers to the whole body or system of law

concrete sense: refers to the rule of conduct formulated and
made obligatory by legitimate power of the state

2. According to DURATION

includes:

one whose operation is not limited in duration but continues until

repealed

Statutes enacted by the Legislature,

PDs and EOs issued by the President in the exercise of his legislative
powers,
Others presidential issuances made in the exercise of his ordinance
powers
rulings of the SC (Art. 8, CC)
rules and regulations promulgated by administrative or executive officers
pursuant to delegated power
ordinances of sanggunians of LGUs

Statutes
generally, an 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
exceptionally, an act of the Chief Executive in the exercise of his
legislative powers (e.g. Marital Law, Revolutionary Government
under Freedom Constitution)
CLASSIFICATION:
1. According to SCOPE
*

a. Public statutes
one which affects the public at large or the whole community b.
Private statutes
one which applies only to a specific person or subject
* NOTE: whether a statute is public or private depends on
substance rather than on form
Public statutes:
a. General statutes
one which applies to the whole state and operates throughout the
state alike upon all the people or all of a class
one which embraces a class of subjects or places and does not
omit any subject or place naturally belonging to such class

a. Permanent statute

it does not terminate by lapse of a fixed period or by occurrence

of an event
neither disuse nor custom or practice to the contrary operates to
render it ineffective or inoperative (Art. 7, CC)
b. Temporary statute
one who duration is for a limited period of time fixed in the statute
itself or whose life ceases upon the happening of an event

Page 1! of 14!
If with period: the statute terminates at the end of such period
If designed to meet an emergency: the statute ends upon the
cessation of such emergency; an emergency, by nature, is
temporary in character, do must the statute intended to meet it,
be
According to APPLICATION
a. Prospective
generally, laws should be applied prospectively (Art. 4, CC) b.
Retroactive

they make valid that which, before the enactment of the statute,
was invalid
c. Mandatory
those that require, as opposed to permit, a particular course of
action
characterized by the use of directive terms such as shall
d. Directory
a law which points out a thing or course of proceeding; optional
sometimes characterized by the use of the word may
e. Substantive

exceptionally, laws shall have retroactive effect only when the law
specifically provides therefor (Art. 4, CC) or, in the case of penal
statutes, when it is beneficial to the accused who is not a habitual
criminal (Art. 22, RPC)
4. According to OPERATION

a statute or written law that controls the rights and actions of all
persons within the jurisdiction
f. Remedial
laws which afford/give a new remedy or which supply some defects
or abridge some superfluities of the common law

a. Declaratory
5. According to FORM
a law which explains, or ascertains what before was uncertain or
doubtful
passed to put an end to a doubt as to what the law is, and which
declares what it is and what it has been
b. Curative
enacted to cure legal defects in a prior law or to validate legal
proceedings which would otherwise be void for want of
conformity with certain legal requirements
intended to enable persons to carry into effect that which they
have designed or intended; to give validity to acts done that
would have been invalid under existing laws, as if existing laws
have been complied with
Statutory Construction | Source: Agpalo

Affirmative
Negative
Manner of referring to statutes
statutes are identified by the respective authorities that
enacted them and are consecutively numbered
PA, 1901-1935: by Philippine Commission and Philippine Legislature
CA, 1935-1946: during the Commonwealth Govt.
RA,1946-1972, 1987- present: Congress of the Phil.
BP, 1973-1986: by the Batasang Pambansa

a statute may also be referred to by its Title

broad, general and comprehensive

ENACTMENT OF STATUTES
the study of statutory construction should begin with the
understanding of how bills are enacted into law
basis: legislative intent is sometimes ascertained through an
examination of the legislative history (steps and actions taken
and language employed to enact a statute)

the Legislature possesses plenary power for all purposes of civil

government
except as limited by the Constitution, either expressly or
impliedly, legislative power embraces all subjects and extends to
matters of general concern or common interest
vested in the Congress

LEGISLATIVE POWER OF CONGRESS

Sec. 1, Art. VI, 1987 Constitution
The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a HOR, except to
the extent reserved to the people by the provision on initiative
and referendum.
Legislative power
- the authority and power, under the constitution, to make, repeal
and alter laws

- not just in a particular chamber athough:

the Constitution requires that the initiative for filing certain bills
must come from the HOR; basis: HOR members, elected as they
are from the districts, are expected to be more sensitive to the
local needs and problems
Senators, elected at large, are expected to approach the same
problem from the national perspective
- both views are made to bear on the enactment of laws
Constitutional grant of legislative powers

by the physical arrangement of the articles on such powers, the

legislative power is first and appears to be more extensive
and broad than the executive and judicial powers
without a law, the executive has nothing to execute and the
judiciary has nothing to interpret and apply
the grant of legislative power means a grant of all legislative
power
Subjects of Legislation
except as the Constitution may have excluded specific subjects
from legislation or laid down restrictions, the Congress may
legislate or enact laws for any of the purposes of civil
government (comprehensive leg. power)
Art. II, Declaration of Principles and Policies, which are
generally not self-executing and which require enabling laws
to implement them
* NOTE: even self-executing Constitutional provisions may not
prevent Congress from enacting further laws to enforce the same
within their confines, impose penalties for violations, and supply
minor details.
PROCEDURAL REQUIREMENTS IN ENACTMENT OF LAWS
general: provided by the Constitution (e.g. Art. II, Art. III);
specific procedure: embodied in the Rules of both Houses of
Congress, promulgated by them pursuant to the constitutional
mandate empowering it to determine its rules of proceedings,

Sec. 16(3), Art. VI

Page 2! of 14! - internal rules of procedure are subject to

revocation, modification or waiver at the pleasure of the body
adopting them; they are procedural and the courts have no
concern with their observance
ONLY violations of rules provided by the Constitution itself (e.g.
2/3 vote requirement) will render the statute void.
violations of internal rules of procedure promulgated by the
Congress, without violation of the Constitution or of any
individual rights, shall not render the statute unconstitutional
STEPS IN PASSING A BILL INTO LAW
Bill
a proposed legislative measure introduced by a member or
members of Congress for enactment into law
it is signed by its authors and filed with the Secretary of the
House
origin: either of two Houses of Congress; the following, however,
must originate from the HOR:
tax bills
appropriation
revenue or tariff bills
bills authorizing increase of public debt
bills of local application
private bills
Source: Legal Method Essentials by Dante Gatmaytan

Legislation is far more complicated in real life.

legislation is not always the initiative of elected lawmakers, they
may be drafted by other stakeholders, especially when civil
society is actively engaging government
Informal channels of lobbying; conference committees, for
example, open a completely new opportunity to rewrite the law
and are accessible to interest groups
impact of the media on the final form of the law

Statutory Construction | Source: Agpalo

APPROPRIATE COMMITTEEs CONSIDERATION/ACTION

1. PREPARATION OF THE BILLthe draft

Scheduling for public hearings and committee discussions
- the member of the bill drafting division of the reference and
research bureau prepares and drafts the bill upon the members
request
FIRST READING

Result of the public hearings or committee discussions shall be made

the bases of the introduction of amendments, consolidation of bills on
the same subject matter, and proposal of a substitute bill; thereafter,
a COMMITTEE

the bill is filed with the bills and index service; the same is
numbered and reproducedfiling, numbering and reproduction

REPORT is prepared
the committee approves the committee report and formally
transmits the same to the plenary affairs bureau

3 days after its filing, the same is included in the order of

business for first reading

SECOND READING

st

On the 1 reading, the Sec. Gen. READS the a)TITLE and the b)
NUMBER OF THE BILL. The Speaker of the House REFERS the
bill to the appropriate committees.

Registration and numbering of committee report by the bills and

index service and referral of the same to the committee on rules.

nd

Scheduling for 2
On the 2

nd

reading

reading, the Sec. Gen. READS the

NUMBER, b) TITLE and c) TEXT of the bill

period of sponsorship and debate
period of amendments
voting which may be by:
viva voce
count by tellers
division of the house
nominal voting
THIRD READING
The amendments, if any, are engrossed and printed copies of the
bill are reproduced for Third Reading.
The engrossed bill is included in the Calendar of Bills for Third
Reading and copies of the same are distributed to all the Members
three days before its Third Reading.
rd

On 3 Reading, the Sec. Gen. reads only the a) NUMBER

and b) TITLE of the bill.
A roll call or nominal voting is called and a Member, if he
desires, is given three minutes to explain his vote. No
amendment on the bill is allowed at this stage.
The bill is approved by an affirmative vote of a MAJORITY of
the Members present.
If the bill is disapproved, the same is transmitted to the Archives.

Page !3 of !14
1.

Source: Agpalo

A bill is approved by either House after it has gone three

readings in accordance with Sec. 26(2), Art. VI:
(2) No bill passed by either House shall become a law unless it
has passed 3 readings on separate days, and printed copies
thereof in its final form have been distributed to its Members 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
immediately be taken thereafter, and the yeays and nays entered
in the Journal.
either House of Congress
Sec. 26(2) requirements DO NOT APPLY to conference
committee reports, even if such report includes new provisions
which have not been considered by either House
the requirements ONLY APPLY TO bills introduced for the first
time in either House of Congress
all that is required is that the conference committee report be
APPROVED BY BOTH HOUSES of Congress

TRANSMITTAL OF THE APPROVED BILL TO THE SENATE

Presidential certification

The approved bill is transmitted to the Senate for its

concurrence.

dispenses with the requirement not only of printing but also that
of reading the bill on separate days

SENATE ACTION ON APPROVED BILL OF THE HOUSE

the unless clause must be read in relation to the except

clause because the two are coordinate clauses of the same
sentence

The bill undergoes the same legislative process in the Senate.

CONFERENCE COMMITTEE
If WITHOUT amendments

the factual basis of the Presidential certification of bills may

not be subject to judicial review, as it merely involves doing
away with procedural requirements designed to insure that bills
are duly considered by members of Congress

The bill is passed by Congress and the same will be

Conference Committee reports
generally, it is a mechanism for compromising differences
between the Senate and the House in the passage of a bill into
law
there is nothing in the Rules which limits a conference committee to
a consideration of conflicting provisions

thus the phrase, third body of the legislature

it is always the final version of the bill which is conclusive under
the enrolled bill doctrine and which will be submitted to the
President for approval
Authentication of Billsthe ENROLLED BILL
the law making process ends upon the approval by Congress of
the bill
signing of the approved bill by:

Speaker of the House

Senate President
certification by the Secretaries of both Houses
signifies to the President that the bill being presented to him has
been duly approved by the legislature and is ready for approval
or rejection
Presidential approval/ veto
Sec. 27(1), Art. VI
Statutory Construction | Source: Agpalo
When the vetoed bill is repassed by Congress by 2/3 vote of all
its Members, each House voting separately

C. PARTS OF STATUTES
STATUTES GENERALLY CONTAIN THE FF. PARTS
1. PREAMBLE
prefatory statement; explanation or a finding of facts, reciting the
purpose, reason, or occasion for making the law to which it is
prefixed
usually found after the enacting clause and before the body of
the law
more often used in PDs and EOs, because in other statutes the
legislature expounds on the purpose of the bill in its explanatory
note or in the course of deliberations
preambles are therefore important in the construction of PDs
2. TITLE OF THE STATUTE
One title-one subject Rule
Sec. 26(1), Art. VI, 1987
Every bill passed by Congress shall embrace only one
subject which shall be expressed in the title thereof.
the provision is mandatory; ergo, a violation thereof would
render the statute unconstitutional
the provision contains dual limitations:
there must be a homogenous subject
the title of the bill is to be couched in a language sufficient to
notify the legislators and the public and those concerned of the
import of the single subject thereof

A. Purposes of title requirement

Principal purposes:
To prevent hodgepodge or log-rolling legislation
To prevent surprise or fraud upon the legislature
To apprise the legislators of the object, nature, and scope of the
provisions of the bill
To prevent the enactment into law of matters which have not
received the notice, action and study of the legislature

To prevent duplicity in legislation

To fairly apprise the people of the subjects of legislation that
are being heard thereon

The President shall communicate his veto oof any bill to the
House where it originated within 30 days after the date of receipt
thereof; otherwise, it shall become a law as if he had signed it.
INSUM: A bill passed by Congress becomes a law
When the President signs it
When the President does not sign nor communicate his veto of
the bill within 30 days after his receipt thereof
To be used as a guide for ascertaining legislative intent when
the language of the law does not clearly express its purpose
the title may clarify doubt or ambiguity on the meaning and scope
of the statute as it is supposed to limit the statute to only one
subject
it is an intrinsic aid to statutory construction
riders
- a provision not germane to the subject matter of the bill
Constitutional standard
the title of the bill is not required to be an index to the body of the
act or to be comprehensive as to cover every single detail of the
measure
if the title fairly indicates the general subject and reasonably
covers all the provisions of the Act and is not calculated to
mislead the legislature or the people, then there is sufficient
compliance with the constitutional requirement
or if the title is comprehensive enough to include the general
object which the statute seeks to effect, and where the
persons interested are informed of the nature, scope and
consequences of the proposed law and its operation

Page 4! of 14!

constitutionality

Liberal construction

D. When requirement not applicable

- the Court has adopted a liberal rather than technical construction of

the rule so as not to cripple or impede legislation

the one title-one subject rule was only embodied in the 1935,
1973 and 1987 Constitutions

# where a law amends a statute or a part of it, it suffices if

reference be made to the legislation to be amended, there being
no need to state the precise nature of the amendment

the requirement therefore applies only to bills enacted into

law after the adoption of the 1935 Constitution and NOT TO
LAWS IN FORCE AND EXISTING at the time it took effect

B. Subject of repeal of statute

E. Effect of insufficiency of title - General rule:

the repeal of a statute on a given subject is properly connected

with the subject matter of a new statute on the same subject,
and therefore a repealing section in the new statute is valid
notwithstanding that the title is silent on the subject

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.

the repeal of previous legislations is certainly germane to an act

and to the object to be accomplished thereby

The nullity, however, is only to the extent of the subject matter

not expressed in the title (partial nullity).
- Exception:

Ratio:
where a statute repeals a former law, such repeal is the effect
and not the subject of the statute; and it is the subject, not the
effect of the law, which is required by the Constitution to be
briefly expressed in its title
to require that every other act which the new law repeals or
alters by implication must be mentioned in the title of the new act
would be neither within the reason of the Constitution nor
practical
C. How requirement of title construed
LIBERAL CONSTRUCTION; it should not be given a technical
interpretation
it should neither be narrowly construed so as to cripple or
impede the power of legislation
doubts as to whether the title sufficiently expresses the subject
matter of the statute should be resolved in favor of its
Statutory Construction | Source: Agpalo
when the provisions of the law, no matter how diverse they may
be, a) are allied and germane to the subject and purpose of the
bill and b)are in furtherance thereof

There cannot be partial nullity if the invalid provisions are

inseparable from the others, in which case the nullity of the
former vitiates the rest
3. ENACTING CLAUSE
- the part of the statute written immediately after the title thereof
which states the authority by which the act is enacted
Present Congress: "Be it enacted by the Senate and House of
Representatives in Congress assembled."
PDs: "NOW THEREFORE, I, _____, President of the Philippines,
by virtue of the powers vested in me by the Constitution,do
hereby decree as follows."
4. PURVIEW / BODY OF THE STATUTE
the part which tells what the law is all about
constitutional requirement: the body of a statute should only
embrace one subject matter which should be expressed in its title

how the constitutional requirement is complied with:

declaration finding the earlier law unconstitutional; the power to
make such declaration lies exclusively with the courts
7. EFFECTIVITY CLAUSE
- provision on when the law takes effect

5. SEPARABILITY CLAUSE
* READ ON ART. 3, CC
the part which states that if any provision of the act is declared
invalid, the remainder shall not be affected thereby

BILLS ORIGINATING FROM THE LOWER HOUSE

a legislative expression of the intent that the nullity of one

provision shall not invalidate the other provisions of the act

Sec. 24., Art. VI

a legislative replacement of the presumption of nonseparability

All appropriation, revenue or tariff bills, bills authorizing increase of

public debt, bills of local application, and private bills shall originate
exclusively in the House of Representatives, but the Senate may
propose or concur with amendments.

6. REPEALING CLAUSE
- repeals by subsequent legislation are in no way a legislative

- the procedure for the enactment of ordinary bills applies to the

enactment of those specifically required to originate from the
Lower House

"shall originate exclusively"

it is only the INITIATIVE for filing the said bills which must come
from the House of Representatives
the Senate is not prohibited in filing "substitute bills" in
anticipation of its receipt of the bill from the House, so long as
action by Senate as a body is withheld pending receipt of the
House bill
Tolentino v. Sec. of Finance
"coequality" of legislative powers of Senate and HOR
given the power of the Senate to propose amendments, the
Senate can propose its own version even with respect to matters
which are required to originate in the House
'proposal of amendments' = 'proposal of an entirely new bill'
Ratio:
the members of the HOR, elected as they are from the districts,
are expected to be more sensitive to the local needs and
problems
senators, on the other hand, are expected to approach the same
problems from the national perspective
ENACTMENT OF BUDGET AND APPROPRIATION LAW
- follows the usual route which any ordinary bill goes through in
its enactment
4 major phases:

Page 5! of 14! sources of financing, including receipts from

existing and proposed revenue measures.
- after approval of the "proposed budget" by the Dept. of Budget
and Management, the same is submitted to Congress for
evaluation and inclusion in the appropriations law
general appropriation bill
a special type of legislation, whose content is limited to specified
sums of money dedicated to specific purposes or a separate
fiscal unit
power of appropriation --> power to specify HOW money shall be
spent
the only provisions which Congress can include in an
appropriation bill are those which relate specifically to some
particular appropriation therein and be limited in its operation to
the appropriate items to which it relates
RESTRICTIONS IN PASSAGE OF BUDGET OR REVENUE
BILLS
1. SEC. 25, ART. VII
1. a) Budget preparation by the President and submission to
Congress.
Sec. 25, Art. VI
(1) The Congress may not increase the appropriations
recommended by the President for the operation of the Government
as specified in the budget. The form, content, and manner of
preparation of the budget shall be prescribed by law.

the "power of the purse" belongs to Congress, subject only to the

veto power of the President

Budget Preparation
Budget Authorization
Budget Execution
Budget Accountability

the President may propose the budget, but Congress still has the
final say on the matter of appropriations

Sec. 22, Art. VII

power of appropriation --> power to specify the project or activity

to be funded under the appropriation law (which can be as
detailed as Congress desires it to be)

The President shall submit to the Congress within thirty days

from the opening of every regular session, as the basis of the
general appropriations bill, a budget of expenditures and

1. b) Each provision must relate specifically to particular

appropriation
Sec. 25, Art. VI
(2) No provision or enactment shall be embraced in the general
appropriations bill unless it relates specifically to some particular
appropriation therein. Any such provision or enactment shall be
limited in its operation to the appropriation to which it relates.
precludes Congress from including in the appropriations bills
"inappropriate provisions"
Congress may include special provisions, conditions to items
which cannot be vetoed separately from the items to which they
relate so long as they are "appropriate" in the budgetary sense
examples of inappropriate provisions which the President may

validly veto:
a. repeal or amendment of law
Infringement on the fiscal autonomy of LGUs
increase or decrease of IRAs of LGUs
modifications on the LGU share on the IRA

fiscally autonomous constitutional commissions/officers and the

judiciary are outside the ambit of Congress appropriation powers

fiscal autonomy contemplates a guarantee of full flexibility to

allocate and utilize their resources with the wisdom and dispatch
that their needs require
fiscal autonomy means freedom from outside control

Statutory Construction | Source: Agpalo

Sec. 25, Art. VI
- the principle of separation of powers also call for the
acknowledgment of such autonomy
grant of Congressional veto requiring Congress approval or
disapproval of expenses for a specific purpose in the budget

unconstitutional
denies the President the right to defer or reduce spending for a
particular item
"riders"
special interest provisions
1. c) Procedure in approving appropriations
Sec. 25, Art. VI
(3) The procedure in approving appropriations for the Congress
shall strictly follow the procedure for approving appropriations for
other departments and agencies.
1. d) Special appropriation bill to specify purpose
Sec. 25, Art. VI
(4) A special appropriations bill shall specify the purpose for
which it is intended, and shall be supported by funds actually
available as certified by the National Treasurer, or to be raised
by a corresponding revenue proposed therein.
1. e) Restriction on transfer of appropriation; exception
Sec. 25, Art. VI
No law shall be passed authorizing any transfer of
appropriations; however, the President, the President of the
Senate, the Speaker of the House of Representatives, the Chief
Justice of the Supreme Court, and the heads of Constitutional
Commissions may, by law, be authorized to augment any item in
the general appropriations law for their respective offices from
savings in other items of their respective appropriations.
while individual members may determine the necessity of
realignment of savings in the allocations of their operating
expenses, the final say on the matter is lodged in the Senate
President or the Speaker, as the case may be, who should give
his approval when two requirements are met:
the funds to be realized or transferred are actually savings in the
items of expenditures from which the same are to be taken
the transfer or realignment is for the purpose of augmenting the
items of expenditures to which the transfer or realignment is to
be made
1. f) Discretionary funds requirement

(6) Discretionary funds appropriated for particular officials shall

be disbursed only for public purposes to be supported by
appropriate vouchers and subject to such guidelines as may be
prescribed by law.
1. g) Automatic reenactment of budget
Sec. 25, Art. VI
(7) If, by the end of any fiscal year, the Congress shall have
failed to pass the general appropriations bill for the ensuing fiscal
year, the general appropriations law for the preceding fiscal year
shall be deemed reenacted and shall remain in force and effect
until the general appropriations bill is passed by the Congress.
2. President's veto power
Sec. 27, Art. VI
(2) The President shall have the power to veto any particular
item or items in an appropriation, revenue, or tariff bill,

Page 6! of 14! but the veto shall not affect the item or items to
which he does not object.
- the President may veto not only any particular item but also any
inappropriate provisions in the bill
Item
refers to the particulars, the details, the distinct and several parts
of the bill
an indivisible sum dedicated to a stated purpose
an item which in itself is a specific appropriation of money, not
some general provision of law, which happens to be put into an
appropriation bill
the power to disapprove any item or items in an appropriation bill
does not grant the authority to veto a part of an item and to
approve the remaining portion of the same item; the President
either has to disapprove the whole item or not at all

3.b) No public money or property for religious purposes

Sec. 29, Art. VI
(2) No public money or property shall be appropriated, applied,
paid, or employed, directly or indirectly, for the use, benefit, or
support of any sect, church, denomination, sectarian institution,
or system of religion, or of any priest, preacher, minister, or other
religious teacher, or dignitary as such, except when such priest,
preacher, minister, or dignitary is assigned to the armed forces,
or to any penal institution, or government orphanage or
leprosarium.
- the prohibition does not apply to the temporary use of public
streets or places, which are open to the public, for some religious
purposes
free use of water supply given to a religious order in exchange
for its donation of a land in favor of a public corporation
Aglipay v. Ruiz

3. SEC. 29, ART. VI

TEST:
3.a) No public funds to be spent except by law
Sec. 29, Art. VI
(1) No money shall be paid out of the Treasury except in
pursuance of an appropriation made by law.

purpose of use of public funds or property

consideration of religion itself
3.c) Money for special purpose
Sec. 29, Art. VI

only Congress can authorize the expenditure of public funds by

passage of a law to that effect
limit of Congress: the legislature is without power to
appropriate public fund for anything but a public purpose
test of "public purpose": whether the measure is designed to
promote public interests, as opposed to the furtherance of
advantage of individuals, although it might incidentally serve the
public
Statutory Construction | Source: Agpalo
(5) The State shall assign the highest budgetary priority to
education and ensure that teaching will attract and retain its
rightful share of the best available talents through adequate
remuneration and other means of job satisfaction and fulfillment.
- merely directory, meaning other more important concerns may
override this Constitutional provision, e.g. imperatives of national
interest and for the attainment of other state policies or objectives

RULES AND RECORDS OF LEGISLATIVE PROCEEDINGS

- the constitution requires that the legislative proceedings be duly
recorded in accordance with the rules of each House of
Congress
Sec. 16, Art. VI
Each House may determine the rules of its proceedings, x x x.
Each House shall keep a Journal of its proceedings, and from
time to time publish the same, excepting such parts as may, in its
judgment, affect national security; and the yeas and nays on

(3) All money collected on any tax levied for a special purpose
shall be treated as a special fund and paid out for such purpose
only. If the purpose for which a special fund was created has
been fulfilled or abandoned, the balance, if any, shall be
transferred to the general funds of the Government.
4. Highest budgetary priority to education, DIRECTORY
Sec. 5, Art. XIV
any question shall, at the request of one-fifth of the Members
present, be entered in the Journal.
Sec. 26, Art. VI
(2) x x x 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.
Sec. 27, Art. VI
(1) 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. x x x In all such cases, the votes of each House shall be
determined by yeas or 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 days after the date of receipt
thereof; otherwise, it shall become a law as if he had signed it.

POWER TO ISSUE ITS RULES OF PROCEEDINGS

Limits:
constitutional restraints
fundamental rights
rational relationship between method and result sought
* Read on SEPARATION and DELEGATION OF POWERS
(Constitutional Law I)
the power of each House to issue its own proceedings may not
exceed constitutional restraints or violate fundamental rights;
furthermore, there should be reasonable relation between the
mode or method of proceedings established by the rules and the
result sought to be attained
Secs. 26-27, Art. VI: constitutional requirements for the
enactment of laws
only violations of the specific rules PROVIDED BY THE
CONSTITUTION for the enactment of laws will render them
unconstitutional
Francisco v. HOR
while the Constitution empowers each House to determine its
rules of proceedings, it may not a) ignore constitutional restraints
or b) violate fundamental rights and c) there should be a

Page 7! of 14! reasonable relation between the mode or method of

proceeding established by the rule and result which is sought to be
attained

when political question: it is within the province of either House

of Congress to interpret its rules
when justiciable: where construction to be given to a rule
affects persons other than members of the Legislature
UNIMPEACHABILITY OF LEGISLATIVE JOURNALS
Sec. 16, Art. VI
(4) Each House shall keep a Journal of its proceedings, and from
time to time publish the same, excepting such parts as may, in its
judgment, affect national security; and the yeas and nays on any
question shall, at the request of one-fifth of the Members
present, be entered in the Journal.
Legislative journals
- conclusive upon the courts with respect to matters that are
required by the Constitution to be recorded therein; it is also
accorded conclusive effect as to other matters, in the absence of
evidence to the contrary
Ratio for conclusiveness
imperative reasons of public policy require that the authenticity
of laws should rest upon public memorials most permanent in
character
public: because all are required to conform to them permanent:
that rights acquired to day shall not be
destroyed tomorrow by facts resting only in the memory of
individuals
public memorial v. individual memory
* Read on the difference between the ENROLLED BILL
DOCTRINE and the CONCLUSIVENESS OF LEGISLATIVE
JOURNALS; Read relevant case assigned
enrolled bill > legislative journals
generally: in case of conflict between the two, the enrolled bill
should prevail over the legislative journal
exception: as to matters that the Constitution requires to be
entered in journals
ENROLLED BILL
Enrolled bill
the bill as passed by Congress, authenticated by the Speaker and
the Senate President and approved by the President

Enrolled bill doctrine

requires the Court to accept as having passed Congress, all bills
authenticated in the manner required by the Constitution
the text of the act as passed and approved is deemed importing
absolute verity and is binding on the courts

the signing of the cill by the Speaker of the House and the
Senate President and the certification of the Secretaries of both
Houses of Congress that it was passed are conclusive of its due
enactment

demand that courts act upon the faith and credit of what the
officers of the said branches attest to as the official lats of their
respective departments
Proper remedy in case of legitimate mistakes

Basis
- respect due to coequal and independent departments
Statutory Construction | Source: Agpalo
amendment by enacting a curative legislation, not by judicial
decree
Effect of withdrawal of authenticity
the Speaker and Senate President may actually withdraw their
respective signatures from the enrolled bill where there is serious
and substantial discrepancy in the bill deliberated upon and the
bill actually signed
such withdrawal renders the bill without attestation and
nullifies its status as an enrolled bill
the court can declare that the bill has not been duly enacted and
did not accordingly become a law
SUMMARY OF RULES
* Summary of the rules on internal rules of proceedings,
legislative journals, and doctrine of enrolled bill in # Arroyo v De
Venecia
1. Mere failure to conform to parliamentary usage will not
invalidate the action (taken by a deliberative body) in the
absence of a showing that there was a violation of Constitutional
provisions or of rights of private individuals
- in the case, no rights of private individuals are involved but only
those of a member who, instead of seeking redress in the House,
chose to transfer the dispute to the Court
2. The jurisdiction of the Court is subject to the case and
controversy requirement of Sec. 5, Art. VIII
- if them, the established rule is that courts cannot declare an act of
the legislature void on account merely of non-compliance with rules
of procedures made by itself, it follows that such a case does not
present a situation in which a branch of government has "gone
beyond the constitutional limits of its jurisdiction: so as to call for the
exercise of power of judicial review under Sec. 1, Art.

VIII
In the instant case, not even a rule of the HOR was in existence so
as to be the basis of the allegation of "railroading"

Going behind the enrolled bill

In a case, the Court went behind an enrolled bill and consulted
the Journal to determine whether certain provisions of a statute
had been approved by the Senate
but where there is no evidence to the contrary, the Court will
respect the certification of the presiding officers of both Houses

- if there has been any mistake in the printing of the bill before it
was certified by the officer of the assembly, the remedy is by
that a bill has been duly passed

D. ISSUANCES, RULES and ORDINANCES

PRESIDENTIAL ISSUANCES
- issued by the President in the exercise of his ordinance power
Executive Orders (EO)
acts of the President providing for rules of a general or
permanent character in the implementation or execution of
constitutional or statutory powers
vs. Execution Orders (Freedom Constitution) which were issued
by the President in the exercise of his legislative power during
the revolutionary period and which are of the same category and
binding force as statutes enacted by the legislature
Administrative Orders (AO)
- acts of the President which relate to particular aspects of
governmental operations in pursuance of his duties as
administrative head

Page 8! of 14!

all that is required for their validity is that the rules should
be germane to the objects and purposes of the law

Proclamations
laws > administrative rules
- acts of the President fixing a date or declaring a status or
condition of public moment or interest, upon the existence of
which the operation of a specific law or regulation is made to
depend, shall be promulgated in proclamations which shall have
the force of an executive order

* Read on ART. 7, CC
in case of discrepancy or conflict between the basic law and the
regulations issued to implement it, the former prevails over the
latter

Memorandum Orders
- acts of the President on matters of administrative detail or of
subordinate or temporary interest which only concern a
particular officer or office of the Government

the rule-making power of a public administrative agency is a

delegated legislative power
TESTS for valid delegation of legislative powers 1.
Completeness test

General or Special Orders

- acts and commands of the President in his capacity as
Commander-in-Chief of the AFP
"power of control"
the President's power to assume directly the functions of the
executive department, bureau and office, or interfere with the
discretion of its officials
corollary: power to supervise the enforcement of laws for the
maintenance of general peace and public order

it must set forth the policy to be executed, carried out or

implemented by the delegate
2. Sufficient standard test
"sufficient standard": the limits of which are sufficiently
determinate or determinable
may be expressed or implied from the policy and purpose of the
act as a whole, marks its limits, maps out its boundaries and
specifies the public agency to apply it
the Court, in decided cases, has declared the following to be
sufficient standards:

"administrative power"
concerned with the work of applying policies and enforcing orders as
determined by proper governmental organs

enables the President to fix a uniform standard of administrative

efficiency and check the official conduct of his agents
ADMINISTRATIVE RULES AND REGULATIONS
have the force and effect of law or partake the nature of a statute if
they are issued by administrative officers or executive officers in
accordance with, and as authorized by law

Statutory Construction | Source: Agpalo

Its promulgation must be authorized by the legislature
- e.g. "Congress may, by law, authorize the President..."
It must be promulgated in accordance with the prescribed
procedure
- general rule: the promulgation of administrative issuances
requires previous notice and hearing
- exception: no previous notice and hearing is necessary where
the legislature itself requires it and mandates that the regulation
shall be based on certain facts determined at an appropriate
investigation

simplicity, dignity
public interest
interests of law and order
justice and equity
substantial merits of the case
adequate and efficient instruction
ILLUSTRATIVE CASES ON VALIDITY OF EXECUTIVE
ORDERS, RULES AND REGULATIONS
Requisites for a valid administrative issuance
in the nature of subordinate legislation, crafted to implement a
primary legislation
CIR v. CA; CIR v. MJ Lhuillier Pawnshop, Inc.
when an administrative rule goes beyond merely providing for
the means that can facilitate or render less cumbersome the
implementation of the law and substantially increases the burden
of those governed, it behooves the agency to accord at least to
those directly affected a chance to be heard and to be duly
informed, before the issuance is given the force and effect of a
law
It must be within the scope of the authority given by the
legislature

interpretative rules

It must be reasonable

give no real consequence more than what the law itself has
already prescribed

ADMINISTRATIVE RULE =/= ADMINISTRATIVE

INTERPRETATION OF LAW

legislative rules

Administrative rules and regulations

in the promulgation thereof, the administrative agency "makes: a

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

Page 9! of 14! substantive rights. Rules of procedure of special

courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
complemented by:
Sec. 30, Art. VI

Administrative interpretation
when an administrative agency renders an opinion or gives a
statement of policy
MERELY ADVISORY because it is the courts that finally
determine what the law means
Judicial construction > administrative Construction
administrative construction is NOT NECESSARILY BINDING
upon the courts
action of an administrative agency may be disturbed or set aside
by the judicial department if there is error of law, or abuse of
power or lack of jurisdiction or grave abuse of discretion clearly
conflicting with the letter or the spirit of the law
* READ on ARTs. 7, 8, CC
SUPREME COURT RULE-MAKING POWER
Sec. 5, Art. VIII
The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement
of constitutional rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the underprivileged. Such rules shall
provide a simplified and inexpensive procedure for the speedy
disposition of cases, shall be uniform for all courts of the same
grade, and shall not diminish, increase, or modify

No law shall be passed increasing the appellate jurisdiction of

the Supreme Court as provided in this Constitution without its
advice and concurrence.
# UNCONSTITUTIONAL: a statute which makes the decision of
a quasi-judicial body directly appealable to the SC without its
advice and concurrence
1997 Rules of Civil Procedure; Rules of Criminal Procedure;
Rules of Court
the rule-making power of the SC includes the power to repeal
procedural laws (e.g. those which prescribe the method of
enforcing rights or obtaining redress for their invasion
vs. legislative power
- the SC, in the exercise of its rule-making power, does not have the
power to promulgate rules which are substantive in nature

TEST on whether an SC rule is substantive or procedural

1. whether the rule really regulates procedure or the judicial
process for enforcing rights and duties recognized by
substantive law and for justly administering remedy and redress
for a disregard or infraction of them
a. Procedural
if it operates as a means of implementing an existing right
b. Substantive
if the rule creates or takes away a vested right (e.g. right to
appeal)
LEGISLATIVE POWER OF LGUs
- refers to the power of the local legislative bodies to enact
ordinances
barangay ordinance
municipal ordinance
provincial ordinance
Requisites for validity
passage in accordance with prescribed procedure
must meet "substantive requisites" for their validity
must not contravene the Constitution
must not be unfair or oppressive
must not be partial or discriminatory
must not prohibit but may regulate trade
must be general and consistent with public policy

must not be unreasonable

VOTE of all its members

BARANGAY ORDINANCE

A barangay ordinance is subject to review by the

Sangguniang Bayan or Sangguniang Panglungsod, for the
determination of its consistency with law or with municipal
ordinance

Sangguniang barangay
the smallest legislative body
it may pass an ordinance affecting a barangay by MAJORITY

The Sanggunian 30 days from submission, a. return it with his

approval or veto

Statutory Construction | Source: Agpalo

NON ACTION within the said period: approval

b. NON ACTION within said period:

The Sangguniang Panglungsod may OVERRIDE THE VETO of

the ordinance by 2/3 VOTES OF ALL MEMBERS

presumption of ordinance's consistency with the law or city

ordinance
brgy. ordinance will be deemed approved
c. FINDING OF INCONSISTENCY:

If the city is a component city, the approved ordinance is

submitted tot eh Sangguniang Panlalawigan for review;
otherwise, it is already deemed valid
PROVINCIAL ORDINANCE

return of the same to the Sangguniang Barangay for adjustment,

amendment or modification

effectivity of the ordinance is suspended

MUNICIPAL ORDINANCE
the power to enact municipal ordinance is lodged with the
Sangguniang Bayan

the power to pass a provincial ordinance is lodged in the

Sangguniang Panlalawigan
the affirmative VOTE OF MAJORITY of the members of the SP
present and voting, there being a QUORUM, is necessary
The Governor shall, within 15 days from receipt of the
ordinance,

the affirmative VOTE OF THE MAJORITY of the members of the

Sangguniang Bayan present and voting, there being a QUORUM,
shall be necessary for the passage of any ordinance

return it with his approval or veto

NON ACTION within the said period: approval

The municipal mayor shall within 10 days from receipt

thereof,

The Sangguniang Panlalawigan may OVERRIDE THE VETO of

the ordinance by 2/3 VOTES OF ALL MEMBERS

return it with approval or veto

NON ACTION within said period: approved

VALIDITY OF STATUTE

The Sangguniang Bayan may, by 2/3 votes of all members,

OVERRIDE THE VETO of the mayor
The ordinance is then submitted to the Sangguniang
Panlalawigan for review
The Sangguniang Panlalawigan may, within 30 days from
receipt of the ordinance:
invalidate it, in whole or in part
NON ACTION within said period: approval
CITY ORDINANCE
the power to pass a city ordinance is vested in the
Sanggunniang Panglungsod
the affirmative VOTE OF MAJORITY of the members of the SP
present and voting, there being a QUORUM, is necessary
The City Mayor shall, within 10 days from receipt of the
ordinance,
return it with his approval or veto

Page !10 of !14

PRESUMPTION OF CONSTITUTIONALITY
every statute is presumed valid
all reasonable doubts should be resolved in favor of the
constitutionality of law; to doubt is to sustain
to justify the nullification of a law, there must be a clear and
unequivocal breach of the Constitution, not a doubtful and
argumentative implication
Ratio
essence of how a law is enacted gives rise to the presumption
that the legislature has decided the measure to be
constitutional and the presumption that the President, in
approving the bill, has been convinced of its validity

(2) All cases involving the constitutionality of a treaty,

international or executive agreement, which shall be heard by
the Supreme Court en banc, and all other cases which under the
Rules of Court are required to be heard en banc, including those
involving the constitutionality, application, or operation of
presidential decrees, proclamations, orders, instructions,
ordinances, and other regulations, shall be decided with the
concurrence of a majority of the Members who actually took part
in the deliberations on the issues in the case and voted thereon.
- initial authority: trial courts may also have the jurisdiction to
initially decide the issue of constitutionality of a law in appropriate
cases
it will be prudent for such courts to defer to the higher judgment
of the SC the determination of a law's validity
every court is charged with the duty of purposeful hesitation before
declaring a law unconstitutional

REQUISITES FOR EXERCISE OF JUDICIAL POWER

decent respect due to the wisdom, integrity and the patriotism
of the legislature, by which the law is passed, and the chief
executive, by which the law is approved
for the responsibility of upholding the Constitution rests not on
the courts alone but on the legislature and executive as well
it reflects the wisdom and justice of the people as expressed
through their representatives in the executive and legislative
departments of the government

- before the court may resolve the question of constitutionality of

a statute, the following requisites should be present:
justiciability
locus standi
earliest opportunity
lis mota
APPROPRIATE CASE
Sec.1,Art. VIII

Jurisdiction and authority over nullifications

* READ on ART. VIII
- final authority: the Supreme Court sitting en banc
Sec. 4, Art. VIII
Statutory Construction | Source: Agpalo
or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
Justiciable controversy
the resolution of which will require the court to choose between
the Constitution and the challenged statute
a matter appropriate for court review
the Court does not automatically assume jurisdiction over
actual controversies brought before it even in instances that
are ripe for resolution (e.g. Political questions)

The judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle
actual controversies involving rights which are legally demandable
and enforceable, and to determine whether or not there has been a
grave abuse of discretion amounting to lack

"personal and material/substantial interest in the case such

that the party has sustained or will sustain direct injury as a
result of the governmental act that is being challenged"
not mere incidental interest
concrete injury is the indispensable element of a dispute which
serves in part to cast it in a form traditionally capable of judicial
resolution
must establish:
that the actual or threatened injury is traceable to the allegedly
illegal conduct of the government
that the injury is likely to be redressed by a favorable action

* READ on DELEGATION OF POWERS and POLITICAL

QUESTIONS

- whether or not the court will entertain a suit is a matter of

judicial discretion

Ratio
taxpayer standing
- judicial power is limited only to actual controversies, as a last
resort and a necessity in the determination of real, actual,
earnest, and vital controversy between litigants

when it is established that public funds have been disbursed in

alleged contravention of the law or the Constitution

2. LOCUS STANDI: LEGAL STANDING TO SUE

when there is an exercise by Congress of its axing or spending

power

Page 11! of 14!

taxpayer's suit will not prosper where

the statute being challenged does not involve the expenditure
of public funds

ratio: a judgment in a class suit, under the principle of res

judicata, is binding on all members of the class WON they were
before the court

there is no allegation 1) that tax money is being spent in

violation of a specific provision of the Constitution or 2) that there
is misapplication of public funds or 3) that public money is being
deflected to any improper purpose

a class suit will fail where it appears that not all interests
can be sufficiently represented as shown by the divergent
issues raised in the petitions; failure upon this ground does not
preclude the petition finding support from other grounds

petitioner does not seek to restrain the public officials concerned

from wasting public funds through the enforcement of an invalid or
unconstitutional law

"transcendental importance"

legislator's suit
a member of Congress has the legal standing to question the
validity of a # presidential veto or a # condition imposed on an
item in an appropriations bill
to the extent that the powers of Congress are impaired, so is the
power of each member thereof, since his office confers a right to
participate in the exercise of powers of that institution
citizen's suit
- when the proceeding involves the assertion of a public right,
the mere fact that he is a citizen satisfies the requirement of
personal interest
class suit
- persons intervening must be sufficiently numerous to fully
protect the interests of all concerned to enable the court to deal
properly with all the interests involved

the SC may, in its discretion, take cognizance of a suit which

does not satisfy the requirement of legal standing
liberal attitude of the Court on the locus standi of petitioner where
the issue of transcendental significance to the people is
established
where the Court brushes aside technicalities of procedure due to
the paramount importance to the public of the issues raised
Francisco v. HOR
no statutory definition; but there are instructive determinants
nevertheless:
1) character of the funds or other assets involved in
the case
2) presence of a clear case of disregard of a constitutional or
statutory prohibition by the public respondent agency or
instrumentality of the government
3) the lack of any other party with a more direct and specific
interest in raising the questions being raised
Rule on real party-inRule on Standing
interest

- concept of civil procedure

- has constitutional and public
policy underpinnings

- 3 requirements are directed

- standing restrictions require
towards ensuring that only
a partial consideration of
certain parties can maintain
the merits, as well as
an action
broader policy concerns
relating to the proper role of
the judiciary in certain areas

Question:

Question:
Whether he is the party who
Whether such parties have
1) would be benefited or
alleged a personal stake in
injured by the judgment or
the outcome of the
2) entitled to the avails of
controversy
the suit

earliest opportunity
in the COMPLAINT or PETITION (of plaintiff or
petitioner)
in the ANSWER (of the defendant or respondent)
a question not raised in the pleadings may not be raised at the trial
and, consequently, may not be raised on appeal

Exceptions
the question may be raised in a MOTION FOR
RECONSIDERATION or NEW TRIAL in the lower court where
the statute sought to be invalidated was not in existence when
the complaint was filed or during the trial

3. WHEN TO RAISE CONSTITUTIONALITY

constitutional questions will not be entertained by the courts
unless they are specifically raised, insisted upon , and
adequately argued
the party raising the question of its validity must raise it at the
Statutory Construction | Source: Agpalo
where the JURISDICTION OF THE COURT BELOW is involved
4. LIS MOTA: NECESSITY OF DECIDING
CONSTITUTIONALITY
The court will not pass upon the validity of a statute: a. if it can
decide the case on some other grounds

it will leave the constitutional question for consideration until an

appropriate case arises in which a decision upon such question
is unavoidable
if the only issue is a constitutional question which is unavoidable,
the court should confront the question and decide the case on
the merits

in criminal cases: AT ANY STAGE OF THE PROCEEDINGS/

APPEAL
in civil cases: where the determination thereon is necessary to
the decision
TEST: what the Constitution provides in relation to what can or may
be done under the statute, and not by what has been done under it;
content of the Constitution vs. content of the statute

the court may not declare a law unconstitutional on grounds

other than constitutional
Grounds for nullification
Contravention of the constitution
- not within legislative power to enact
- creates/establishes methods that infringe constitutional
principles
- purpose or effect violates constitutional principles

b. the issue raised has become moot and academic

Vagueness

Exceptions

a statute is vague when it lacks comprehensible standards

that men of common intelligence must necessarily guess at its
meaning and differ in its application

- the court may relax strict compliance with the procedural

requirements for the court to inquire into the constitutionality of a
law:
where the constitutional question is of paramount public
interest

in which case, the statute violates the constitution in two

respects:
violates due process for failure to accord the people fair notice
of what conduct to avoid

where time is of the essence in the resolution of such question

where there is undeniable necessity for a ruling, public policy
may demand that its constitutionality be resolved

leaves law enforcers unbridled discretion in carrying out its

provisions

possibility of recurrence

3. Change in circumstances (e.g. in Emergency laws)

The following does not preclude judicial review

the fact that the validity of a statute has not been challenged for
many years

while they are deemed unconstitutional at the time of their enactment

as a valid exercise of police power, they may become
unconstitutional once the emergency has passed or because there
have been changes in circumstances and conditions

that the statute has been accepted as valid in cases where its
validity was not raised

the general rule on the effects of unconstitutionality of a statute is

inapplicable to a statute declared invalid under this situation

TEST OF CONSTITUTIONALITY

Page !12 of !14 - instead, its nullity should affect only the parties
involved in the case and its effects should be applied
prospectively

while it was in force, it had to be complied with until the

Court finally declared its unconstitutionality
otherwise, it would be chaotic if the parties affected were left free
to disobey it in the meanwhile

4. More standards for ordinances

as regards ordinances, the tests of validity are:
must not contravene the Constitution

it would be productive of injustice if no notice of its existence as a

fact is given
the past cannot be erased by a new judicial declaration

must not be unfair or oppressive

PARTIAL INVALIDITY
must not be partial or discriminatory
General rule
must not prohibit but may regulate trade
must be general and consistent with public policy
must not be unreasonable
EFFECTS OF UNCONSTITUTIONALITY
General rule
an unconstitutional act is not a law--it confers no rights, imposes
no duties, affords no protection, creates no office

where a part of the statute is void as repugnant to the constitution,

while another part is valid, the valid portion, IF

SEPARABLE from the invalid, may stand and be enforced

the presence of a separability clause creates the presumption
that the legislature intended separability rather than complete
nullity
Exception
when the parts of the statute are so mutually dependent and
connected, as conditions, considerations, inducements, or
compensations for each other, as to warrant a belief that the
legislature intended them as a whole, the nullity of one part will
vitiate the rest

it is, in legal contemplation, inoperative as though it had never

been passed ART. 7, CC

Tatad v. Sec. of the Dept. of Energy

Exception

Requirements in case of partial invalidation

- a judicial declaration of invalidity may not necessarily obliterate

all the effects and consequences of a void act occurring prior to
such declaration

the valid portion must be so far independent of the invalid portion

enough must remain to make a complete, intelligible, and valid
statute, which carries out legislative intent

Basis (for the exception)

the actual existence of a statute prior to the determination of its
nullity is an operative fact and may have consequences which
cannot justly be ignored

the void provisions must be eliminated without causing results

affecting the main purpose of the act in a manner contradictory to
the intention of the legislature
what remains must express the legislative will independently of the
void part since the court has no power to legislate

Statutory Construction | Source: Agpalo

"Shall take effect immediately upon approval"

F. EFFECT AND OPERATION

WHEN LAWS TAKE EFFECT

it shall take effect after publication, with the 15-day period being
dispensed with

# Tanada v. Tuvera

"approval" does not mean on the day of enactment, disregarding

completely the publication requirement

General rule: after 15 days following the completion of

publication

Reduction or extension of 15-day period

Exception: when the law otherwise provides for its own

effectivity date
The 15-day period may either be on the 15th day or on the 16th
day, depending on the language used by Congress
16th day: "after 15 days following its publication" 15th day: "15 days
after its publication"

when the law is silent, the general rule (effectivity on the 16th
day) applies

- any provision in the law reducing or extending the usual 15-day

period shall be valid provided it be after publication
Publication requirement
- pre-Tanada v. Tuvera decision:
the SC ruled that publication in the OG is necessary only in those
cases where the legislation itself does not provide for its
effectivity date; that publication is determinant of the laws'
effectivity; that when a specific date is provided, publication is no

longer necessary

Page 13! of 14!

- Tanada v. Tuvera decision:

"Laws"

The SC ruled that ART. 2 does not preclude the publication

requirement even when the law itself provides for its date of
effectivity.

- all laws, not only those of general application, for strictly

speaking, all laws relate to the people in general albeit there are
some that do not apply to them directly
EXCLUDED:

The clean object of the law is to give the general public adequate
notice of the various laws which are to regulate their conduct.
Publication is the basis for the application of ART. 3 and the
maxim ignorantia legis non excusat.
The proviso "unless otherwise provided" only refers to a law
that has been duly published pursuant to the basic constitutional
requirements of due process.
Where to publish
- pre-EO 200 amending ART. 2:
The SC ruled that the publication must be effected in the OG and
not in any other medium.
- Pres. Aquino's EO 200 (1987):
Pursuant to this amendatory law, publication of laws may now
either be in the OG or in a newspaper of general circulation.

Municipal ordinances - they are covered by the LGC SC

decisions - lawyers in practice must keep abreast
of decisions
INCLUDED:
PDs and EOs
whenever they are validly delegated by the legislature or directly
conferred by the Constitution
Administrative rules and regulations
only those whose purpose is to enforce or implement existing
laws pursuant to a valid delegation
with the exception of those that a) merely internal and b) merely
interpretative (i.e. LOIs)
Monetary Board Circulars
those which serve as "fillers" to Central Bank Acts
those which have "penal clause"
with the exception of those which merely state general policies as to
how the law should be construed

Publication in full
WHEN PDs, RULES AND REGULATIONS TAKE EFFECT
all or nothing
incomplete publication would amount to no publication at all since
its purpose is to inform the public of the content of the laws
"Newspaper of general circulation"
one published for the dissemination of local news and general
information
one that has a bona fide subscription list of paying subscribers
one that is published at regular intervals
that there are other newspapers having larger circulation is
unimportant

A. Presidential issuances
General rule
- requirement of publication as a condition for effectivity also
applies to Presidential issuances
Exception
- those which are merely interpretative or internal in nature not
concerning the public
B. Administrative rules and regulations
2 types of rules and regulations
1. implementing rules
REQUIRES PUBLICATION for its effectivity
those whose purpose is to enforce or implement an existing law
pursuant to a valid delegation or to fill in the details of a statute
ADDITIONAL REQUIREMENT: compliance with the requirements on
filing under the Administrative Code

Every agency must file with the UP Law Center 3 certified

copies of every rule adopted by it
Each rule shall become effective 15 days from the date of
filing as above provided unless a different date is fixed by law,
or specified in the rule in cases of imminent danger to public
health, safety and welfare, the existence of which must be
expressed in a statement accompanying the rule

2. interpretative rules; letters of instruction issued by superior

before they can be bound thereby

DOES NOT REQUIRE PUBLICATION

*indispensable

those which are merely internal in character; concerns the personnel

of the administrative agency and not the public

filing: to have a central office (UP Law Center) where interested

parties can readily secure copies of such rules and regulations or
check on their existence *dispensable

Ratio for a publication and filing requirement (for the

implementing rules)
publication: to inform the people of the rules and regulations
Statutory Construction | Source: Agpalo
publication--which cannot be dispensed with without violating the
due process clause, will be sufficient to make them effective
WHEN LOCAL ORDINANCE TAKE EFFECT
- local ordinances are governed by the Local Government
Code and are thus NOT COVERED by ART. 2, CC
1. Effectivity
General rule
- shall take effect after 10 days from the date a copy thereof is
posted in the:

* Bothe requirements must be complied with EXCEPT when the law

authorizing the issuance of the rules and regulations
DISPENSES WITH THE FILING REQUIREMENT, in which case,

IN HIGHLY URBANIZED and INDEPENDENT COMPONENT

CITIES
- the main features of the ordinance or resolution duly enacted or
adopted shall be posted and published once in a LOCAL
newspaper of general circulation within the city; in the
absence thereof, it shall be published in any newspaper of
general circulation
STATUTES CONTINUE IN FORCE UNTIL REPEALED
-- Art. 7, CC
Statutes in terms of duration and effect:
permanent or indefinite
temporary

bulletin board at the entrance of the provincial capitol or city,

municipal, or barangay hall; and

Temporary statutes

at least 2 other conspicuous places in the local government

unit concerned

those that are in force only for a limited period

they terminate upon a) the expiration of the term or upon b) the
occurrence of certain events

Exception
- as otherwise stated in the rdinance or resolution
STATUTES CONTINUE IN FORCE UNTIL REPEALED
2. Duty of the Secretary of the Sanggunian
posting of the ordinance/resolution in the required places not
later than 5 days after approval thereof
recording of the following in a book kept for such purpose:
dates of approval and posting
dissemination in Filipino or English and the language or dialect
understood by the majority of the people in the LGU concerned
3. Penal sanctions
IN PROVINCES
Publication
- the gist of all ordinances with penal sanctions shall be published
in a newspaper of general circulation
Posting
- in the absence of any newspaper of general circulation, posting of
such ordinances shall be made in all municipalities and cities of the
province where the Sanggunian of origin is situated

no repealing statute is necessary to bring a temporary law to an

end
Permanent statutes
- it continues in force until repealed or changed by the legislature

Page 14! of 14!

12 months = 360 days

"law once established continues until changed by some

competent legislative power; it is not changed by change of
sovereignty," except that of a political nature

1 year = 365 days

even leap years = 365 days
365th day = consummation of 1 year

once created, the law persists until a change takes place and
when changed, it continues in such changed condition until the
next change, so forever

If the last day falls on a Saturday, Sunday or Legal Holiday:

TERRITORIAL AND PERSONAL EFFECT OF STATUTES

The effect will be dependent on whether the rule arises from a

contract or from the Rules of Court

--Art. I, 1987 Constitution

--Art. 14, 15, CC
the Philippines being a sovereign, its authority may be exercised
over its entire dominion; no portion thereof is beyond its power
its jurisdiction is both territorial and personal
MANNER OF COMPUTING TIME
--Art. 13, CC
Art. 13. When the law speaks of years, months, days, or nights, it
shall be understood that years are of 365 days each; months of
30 days; days of 24 hours; and nights from sunset to sunrise.

Ordinary contract - the agreement of the parties prevails because

the agreement of the parties thereto has the force of law
between them
Rules of Court / Court order / Statute - the time shall not run until
the next working day
* this principle DOES NOT APPLY TO the computation of the
period of PRESCRIPTION OF A CRIME, in which the rule is that
if the last day in the period of prescription of a felony falls on a
Sunday or legal holiday, the information concerning the said
felony can no longer be filed on the next working day, as the
offense has by then already prescribed
"(number) of days"

If months are designated by their name, they shall be computed by

the number of days they respectively have.

- when the law requires the doing of an act within a particular

umber of days, it means calendar days and not working days

In computing a period, the first day shall be excluded and the last
day excluded.

"week"

example:

- when used as a measure of time and without reference to the

calendar, it means a period of seven (7) consecutive days
without regard to the day of the week from which it begins