Parts of a Statute

What are statutes?

A statute is an act of the legislature, adopted pursuant to its constitutional authority, by

prescribed means and in certain form such that it becomes the law governing conduct
within its scope. Statutes are enacted to prescribe conduct, define crimes, create
inferior governmental bodies, appropriate public funds, and in general promote the
public good and welfare.

I. Parts of a Statute

Title

Title -- The title of the statute is the heading on the preliminary part, furnishing the
name by which the act is individually known.

Example: Philippine Medical Technology Act of 1969

Preamble

Preamble -- That part of the statute explaining the reasons for its enactment and the
objects sought to be accomplished.

Enacting clause

Enacting Clause -- That part of the statute which declares its enactment and serves to
identify it is an act of legislation proceeding from the proper legislative authority.

Example: "Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled."

Body

Body -- The main and operative part of the statute containing its substantive and even
procedural provisions. Provisos and exemptions may also be found in the body of the
statute.

Repealing clause

Repealing Clause -- That part of the statute which announces the prior statutes or
specific provisions which have been abrogated by reason of the new law.

Example: SECTION 13. Repealing Clause - All laws, decrees, orders, rules and
regulations, other issuances, or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly. (From REPUBLIC ACT NO. 9048)

Separability clause

Separability Clause -- That part of the statute which provides that in the event that one
or more provisions are declared void or unconstitutional, the remaining provisions
shall still be in force and effect

Example: SECTION 12. Separability Clause. - If any portion or provision of this Act
is declared void or unconstitutional, the remaining portions or provisions thereof shall
not be affected by such declaration. (From REPUBLIC ACT NO. 9048)

Effectivity clause

Effectivity Clause -- That part of the Statute which announces the effectivity date of
the law.

Example: SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15)
days after its complete publication in at least two (2) national newspapers of general
circulation. (From REPUBLIC ACT NO. 9048)

II. References to Statutes

Statutes may be referred to as an Act or Presidential Decree or some other term. This
indicates that the statute was passed during a certain period, as follows:

4,275 ACTS - Enactments from 1900-1935

733 Commonwealth Acts - Enactments from 1935-1945
2034 Presidential Decrees - Enactments from 1972-1985
884 Batas Pambansa. - Enactments from 1979-1985
9335. Republic Acts - Enactments from 1946-1972, 1987- April 2005
During Martial Law, both President Marcos and the Batasang Pambansa
(Parliament) were issuing laws at the same time in the Presidential Decrees (by
President Marcos) and Batas Pambansa (Parliament) .
During Martial Law, aside from Presidential Decrees, the President promulgated
other issuances namely: 57 General Orders, 1,525 Letters of Instruction, 2,489
Proclamations, 832 Memorandum Order, 1,297 Memorandum Circular, 157 Letter of
Implementation, Letter of Authority, Letters of Instruction, 504 Administrative Order
and 1,093 Executive Orders.
The Presidential Decrees issued by Pres. Marcos during Martial Law and the
Executive Orders issued by Pres. Aquino before the opening of Congress may be
classified as legislative acts for there was no legislature during those two periods.
Laws passed by the new 1987 Congress started from Rep. Act No. 6636, as the last
Republic Act promulgated by Congress before Martial Law was Rep. Act No. 6635.

III. How statutes are enacted

Sec. 26 (2), Art. VI of the constitution

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 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.

Sec. 27 (1), Art. VI of the Constitution

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 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 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 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

A bill may be introduced in the House of Representatives or the Senate. A bill must
relate to only one subject matter which must be expressed in its title.

On 1st Reading, the title and number of the bill is read, and then, it is referred to the
appropriate committee.

A committee studies the bill and conducts hearings on it. Thereafter, a committee
report is prepared on the bill. A committee only prepares a report on a bill it decides to
recommend for approval by the House. The committee report is read in open session,
and together with the bill, it is referred to the Rules Committee. The Rules Committee
can place the bill in the 2 nd Reading Calendar or in the Calendar of Unassigned
Business.

On 2nd Reading, a bill is subject to debate and amendment before being placed in
the 3rd Reading Calendar for final passage. A bill must undergo 3 readings on 3
separate days except when the President certifies a bill as urgent to meet a public
calamity or national emergency.

After its passage by one house, the bill goes through the same process in the other
house.

If amendments are made in one house, the other house must concur. If a house has a
counterpart bill to a bill passed by the other house, and these bills have conflicting
provisions, a conference committee composed of representatives of each house is
formed to harmonize the conflicting provisions. Thereafter, if the conflicting
provisions are harmonized, a conference committee report is prepared for ratification
or approval by both houses.

When the bill is passed by both houses, it is signed by their respective leaders and
sent to the President for approval.

The President may sign the bill into a law, or veto all or part of it. The bill becomes
a law if, within 30 days after receiving it, the President fails to sign or veto the bill.
The bill, even if vetoed by the President, also becomes a law when Congress overrides
the veto by a 2/3 vote of all its Members.