STAT CON REVIEWER FOR MID-TERMS

Prepared by: Christianne Dominique B. Gravoso

A. Legal System in the Philippines

1. Historical Overview
The legal system of the Philippines is a combination of continental civil law and the Anglo-
American common law system. The Philippines gained autonomous status from the US in
1935 when the first Philippine constitution was implemented. The present constitution
originates from 1987 and is similar to the US constitution.
The Philippine justice system is composed of the Supreme Court, the Court of Appeals,
the regional trial courts, the Court of Tax Appeals and the metropolitan and municipal
trial courts.
Refer to the reviewer on Legal Research and proceed to Chapter 4 Statutory Law, historical
overview of the Philippine Constitution

2. Primary Sources of Philippine Laws

a. 1987 Constitution
b. Treaties and International Agreements
c. Statutes enacted by the Legislature
d. Administrative Rules and Regulations
e. Ordinances enacted by the Autonomous Regions
f. Ordinances enacted by Local Government Units
Or this version: Reference: Leg Res book
1. 1st Primary Sources products of legislative actions, codes, and statutes: statutes
passed by the legislature, regulations and rulings of administrative agencies and
decisions of appellate courts
2. 2nd Primary Sources judicial decisions by the Philippine Supreme Court and
Court of Appeals
3. 3rd Primary Sources administrative law, or the regulations and decision of
government agencies

B. Construction and Interpretation

a. Definition
Construction is the art and process of discovering and expounding on the
meaning and intention of the authors of the law, where that intention is
rendered doubtful by the reason of the ambiguity in its language or of the
fact that the given case is not explicitly provided for in the law.
Interpretation is the art of finding the true meaning and sense of any form
of words
Construction and Interpretation Distinguished:
 Construction is the drawing of conclusions with respect to subjects that are
beyond the direct expression of the text, while interpretation is the
process of discovering the true meaning of the language used.
Interpretation is limited to exploring the written text. Construction on the
other hand is the drawing of conclusions, respecting subjects that lie
beyond the direct expressions of the text.
Case: Caltex vs Palomar

b. Purpose and Significance

Cardinal Rule in the interpretation of all law:
To ascertain and give effect to the intent of the law
The object of all judicial interpretation of a statute is to determine
legislative intent, what intention is conveyed, wither expressly or
impliedly, by the language used, so far as it is necessary for ascertaining
whether the particular case or state of facts presented to the court
comes within it.
Legislative Intent is the essence of the law.
Where the words or phrases of a statute are not obscure or ambiguous, its
meaning and the intention of the legislature must be determined from the
language employed.
Legislative Purpose is the reason why a particular statute was enacted by the
legislature.
Legislative Meaning is what the law, by its language, means: what it
comprehends, what it covers or embraces, what its limits and confines are.

c. Statutory Construction vis--vis Constitutional Construction

As the Constitution is the fundamental law to which all law are subservient, a statute
should not be interpreted independently of the Constitution. The statute should be
construed in harmony with, and not in violation of, the fundamental law. The
legislature, in enacting a statute, is presumed to have adhered to the constructional
limitations.
It is a well-settled rule of statutory construction that a statute should be construed
whenever possible in a manner that will avoid conflict with the Constitution. The
statute must be read and understood in the light of such provisions of the constitution
as may bear on the subject so as to harmonize the former with the latter and avoid
their conflicting with each other. It should not be construed in such a way as will give
rise to a constitutional doubt. Nor should it interpreted in such a manner as will
render its application violative of constitutional inhibition.
For more details, refer to pg. 373 of the Stat Con book by Agpalo
Note: Constitutional construction is the process by which meanings are assigned to words in
a constitution, to enable legal decisions to be made that are justified by it. Its primary task is
 to ascertain the intent or purpose of the framers of the constitution as expressed in the
language of the fundamental law, and thereafter to assure its realization.

C. Three Branches of the Government

1. Legislative Department
a. Legislative powers; composition
Legislative Power is the power to propose, enact, amend, and repeal
laws.
The Legislature consists of 1) Senate; 2) House of Representatives.
b. Laws, in general
Law
- a rule of conduct formulated and made obligatory by legitimate
power of the state
Statute
- 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.
o Statutes enacted by the legislature are those passed by the
following:
o Philippine Commission
o Philippine Legislature
o Batasang Pambansa
o Congress of the Philippines
c. Classification of Laws
According to Substance:
1. Public affects the public at large or the whole community
o General applies to the whole state and operates
throughout the state alike upon all the people or all of
a class
o Special relates to particular persons or things of a
class or to a particular community, individual, or thing
o Local operation is confined to a specific place or
locality
2. Private applies only to a specific person or subject
According to Duration:
1. Permanent
o is one whose operation is not limited in duration but
continues until repealed.
o No law is irrepealable or unrepealable.
2. Temporary
 o is one whose duration is for a limited period of time
fixed in the statute itself or whose life ceases upon the
happening of an event
o It shall be forced for a definite period, it terminates at
the end of such period.
According to Application:
1. Prospective
2. Retroactive
According to Operation:
1. Declarative
2. Curative
3. Mandatory
4. Directory
5. Substantive
6. Remedial
7. Penal
According to Form:
1. Affirmative
2. Negative
d. How a bill is Enacted into Law; Legislative process
A bill is a proposed legislative measure introduced by a member or members
of Congress for enactment into law.
A bill is signed by its author(s) and filed with the Secretary of the House. It
may originate from either the lower or upper House, except the following:
Appropriation
Revenue or tariff bills
Bills authorizing the increase of public debt
Bills of local application
Private bills
Bills of these types shall exclusively originate from the House of
Representatives.
Steps in the Passage of a Bill into Law:
1. First and Second Reading of Bills
a. First reading
consists of reading the number (could either be the House Bill
No. or the Senate Bill No.) and title of the bill, followed by its
referral to the appropriate committee for study and
recommendation
 The Committee may hold public hearings on the proposed
measure and submit its report and recommendation for
calendar for 2nd reading.
Note: There is no reading of the bill in this phase.
b. Second reading
The bill is read in full with the amendments proposed by the
Committee, if any, unless copies thereof are distributed and
such reading is dispensed with.
Thereafter, the bill will be subjected to debates, pertinent
motions, and amendments. After the amendments shall have
been acted upon, the bill will be voted on second reading.
Three days before the bill is passed for the third reading,
printed copies thereof shall be distributed to the members.
A bill approved in the 2nd reading shall be included in the
Calendar of bills for third reading. On the third reading, the
bill, as approved on second reading, will be submitted for
final vote of yeas and nays.
Note: In this phase, the bill is voted for the first time which
requires majority vote or 50%+1
Requirements before the third reading:
i. 3 readings on separate days
ii. Printed copies of the final form are distributed 3 days
prior to voting, except when the President certifies to
the necessity of its immediate enactment to meet a 1)
public calamity or 2) emergency
2. Third reading
In this phase, the bill is subjected for final voting by yeas and
nays (requires 50%+1).
No amendments are allowed because these should have
already been done on the second reading.
A bill is approved by either House after it has gone three
readings.
3. Conference Committee Reports
The bill approved on the third reading by one House will be
transmitted to the other House for concurrence and will
undergo the same procedure (3 readings) on that particular
house. If the other house approves the bill without
amendments, the bill is passed by the Congress and the
same will be transmitted to the President for appropriate
action.
 If the other house introduces amendments and the house
from which it originated disagrees with it, the differences
will be settled by the Conference Committee of both
chambers, whose report or recommendation thereon will
have to be approved by both houses and thereafter sent to
the President for action.
On the other hand, if both Houses approve the report of the
Conf. Committee adopting a third version of the bill, then it
shall be the final version, which is conclusive under the
doctrine of enrolled bill, that will be submitted to the
President for approval.
Note: The requirement that no bill shall become a law unless
it has passed 3 readings, etc. does not apply to Conf.
Committee reports. It only applies to bills introduced for the
first time.
Conference Committee, defined:
o A Conference Committee is a mechanism for
compromising differences between the Senate and the
House in the passage of a bill into law.
o It is within its power to include in its report an entirely
new provision that is not found wither in the House bill
or Senate bill.
o Political scientists call this a third body of the
legislature.
4. Authentication of bills
Before the bill is sent to the President for his consideration, the bill
is authenticated.
The system of authentication devised is the signing by the Speaker
and the Senate President of the printed copy of the approved bill,
certified by the respective secretaries of both Houses to signify to
the President that the bill being presented is duly authorized by the
legislature and is ready for his approval or rejection.
5. Presidents approval or veto
Once the bill reaches the President, he can:
a. Outrightly approve the bill, thus, the bill becomes a law by signing
it;
b. Veto the bill; when he vetoes the bill, he must communicate his
veto and then return the bill to the House where it originated,
 including his objections which should be recorded in the
Journal
When the bill is vetoed, the Congress has two options:
i. Override the bill by 2/3 vote, each house voting
separately
ii. Repass the bill by heeding or checking the objections of
the President, then subsequently revise and amend the
bill and undergo the same process
c. Sit on the bill within 30 days after receipt thereof and still, the bill
becomes a law

1. Enrolled bill theory

Enrolled bill the bill, as passed by Congress, authenticated by
the Speaker and Senate President and approved by the President
Under the principle of the enrolled bill, the text of the act as
passed and approved is deemed importing absolute verity and is
binding on the courts.
Under the enrolled bill doctrine, the signing of a bill 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.
The reason why an enrolled bill is accorded conclusive verity lies
in the fact that the enrolled bill carries on its face a solemn
assurance by the legislative and executive departments of the
government, charged respectively with the duty of enacting and
executing the laws, that it was passed by the assembly.
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.
The legislative journals and the enrolled bill are both conclusive
upon the courts. However, where there is a discrepancy
between the journal and the enrolled bill, the latter as a rule
prevails over the former, particularly with respect to matters not
expressly required to be entered into the legislative journal.
Withdrawal of authenticity, effect of.
o The Speaker and the President of the Senate may withdraw
their respective signatures from the signed bill where there
is serious and substantial discrepancy between the text of
 the bill as deliberated in the legislature and shown by the
journal and that of the enrolled bill.
o Such withdrawal nullifies its status as an enrolled bill.
o In such a case, the bill is no longer accorded absolute verity
as regards its text and the entries in the journal should be
consulted.
o Where the journal discloses that substantial amendments
were introduced and approved but were not incorporated
in the printed text sent to the President for signature, the
court can declare that the bill has not been duly enacted
and did not accordingly become a law.
2. Journal Entry Rule
3. Void for Vagueness Rule

b. Parts of Statutes
1. Preamble
is the prefatory statement or 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
Legislature seldom puts a preamble to a statute it enacts into law
because the statement embodying the purpose, reason, or occasion
for the enactment of the law is contained in the explanatory note.
However, Presidential decrees and Executive Orders generally have
preambles because no better place than in the preamble can the
reason and purpose of the decree be.
2. Title of Statute
The Constitution provides that every bill passed by Congress shall
embrace only one subject which shall be expressed in the title. (One-
title, One-subject Rule)
The legislature is to refrain from conglomeration, under one
statute, of heterogeneous subjects.
The title of the bill is to be avouched in a language sufficient to
notify the public and the legislators and those concerned of the import
of the single subject.

a. Purpose of Title Requirement:

- 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 legislators.
Aims of the constitutional requirement:
- To prevent hodgepodge or logrolling legislation
- To prevent surprise or fraud upon the legislature
- To fairly apprise the people/provide due process to such
people
- To be used as a guide in ascertaining legislative intent when
the language of the act does not clearly express its purpose
It has been held that 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, there is sufficient
compliance with the constitutional requirement.

b. Subject of repeal of statute

The repeal of a statue 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.
The reason is that 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 a law, which is required to be briefly expressed in its
title.

c. How requirement of title construed

The title of the bill should be liberally construed. It should not be
given a technical interpretation. Nor should it be so narrowly
construed as to cripple or impede the power of the legislation.
Whenever there is doubt, it should be resolved against the doubt
and in favor of the constitutionality of the statute.

d. When requirement not applicable

The constitutional requirement only applies to bills which may
thereafter be enacted into law.
It does not apply to laws in force and existing at the time the 1935
Constitution took effect.
e. Effect of insufficiency of title
Invalid
However, where the subject matter of a stature is not sufficiently
expressed in its title, only so much of the subject matter as is not
expressed therein is void, leaving the rest in force, unless the invalid
 provisions are inseparable from the other, in which case the nullity
of the former vitiates the latter.

3. Enacting clause
is that part of a statue written immediately after the title thereof
which states the authority by which the act is enacted.
Example: Be it enacted by the Senate and House of
Representatives of the Philippines in Legislature assembled and
by authority of the same.

4. Purview or body of statute

is that part which tells what the law is all about
should embrace only one subject matter
The legislative practice in writing a statute is to divide an act into
sections, each of which is numbered and contains a single
proposition.
Content: (Arranged accordingly)
o Short title
o Policy section
o Definition section
o Administrative section
o Sections prescribing standards of conduct
o Section imposing sanctions for violation of its provisions
o Transitory provision
o Separability clause
o Repealing clause
o Effectivity clause

5. Separability clause
is that part of a statute which states that if any provision of the
act is declared invalid, the remainder shall not be affected thereby.

6. Repealing clause
When the legislature repeals a law, the repeal is not a legislative
declaration finding the earlier law unconstitutional. The power to
declare a law unconstitutional does not lie with the legislature
but with the courts.

7. Effectivity clause
is the provision stating when the law takes effect.
 Usually, the provision states that it shall take effect 15 days
from the publication of the law in the Official Gazette or in a
newspaper of general circulation.

c. When Laws take effect

Article 2 of the Civil Code as amended by Executive Order No. 200
(Refer to the item immediately preceding this item)
Cases:
1. Imbong vs Ochoa
2. Tolentino vs Sec. of Finance
3. Arroyo vs De Venecia
4. Mabanag vs Lopez Vito
5. Casco Phil. Chemical Co., Inc. vs Gimenez
6. Morales vs Subido
7. Araullo vs Aquino
8. Tanada vs Tuvera

5. Executive Department
a. Executive Powers
power to enforce and administer the laws
power of carrying the laws into practical operation and enforcing their due
observance

POWERS OF THE PRESIDENT

Besides the constitution, the powers of the President of the Philippines are specifically outlined
in Executive Order No. 292, s. 1987, otherwise known as the Administrative Code of 1987. The following
powers are:

1. Power of control over the executive branch

The President of the Philippines has the mandate of control over all the executive departments, bureaus,
and offices. This includes restructuring, reconfiguring, and appointments of their respective officials. The
Administrative Code also provides for the President to be responsible for the abovementioned offices
strict implementation of laws.

2. Power ordinance power

The President of the Philippines has the power to give executive issuances, which are means to streamline
the policy and programs of an administration. There are six issuances that the President may issue. They
are the following as defined in the Administrative Code of 1987:

Executive orders; Administrative orders; Proclamations; Memorandum orders; Memorandum circulars;

General or special orders
It is important to note that during the term of President Ferdinand E. Marcos, he used executive issuances
known as presidential decrees as a form of legislation. These decrees have the full force and effect of laws
because at the time the legislature did not exist and, when the 1973 Constitution was put into full force
and effect, it gave the power to the President to do as such. This continued until the first year of President
Corazon C. Aquinos term. However, President Aquino opted to used executive orders instead of
presidential decrees. President Aquinos executive orders, however, still had the full force and effect of
laws until the ratification of the 1987 Constitution.

3. Power over aliens

The President of the Philippines has certain powers over non-Filipinos in the Philippines. The powers he
may exercise over foreigners in the country are as follows:

The chief executive may have an alien in the Philippines deported from the country after due process.

The President may change the status of a foreigner, as prescribed by law, from a non-immigrant status to
a permanent resident status without necessity of visa.

The President may choose to overrule the Board of Commissioners of the Bureau of Immigration before
their decision becomes final and executory (after 30 days of the issuance of the decision). The Board of
Commissioners of the Bureau of Immigration has jurisdiction over all deportation cases.

The president is also mandated by the Administrative Code of 1987 to exercise powers as recognized by
the generally accepted principles of international law.

4. Powers of eminent domain, escheat, land reservation and recovery of ill-gotten wealth

The President of the Philippines has the authority to exercise the power of eminent domain. The power
of eminent domains means the state has the power to seize or authorize the seizure of private property
for public use with just compensation. There are two constitutional provisions, however, that limit the
exercise of such power: Article III, Section 9 (1) of the Constitution provides that no person shall be
deprived of his/her life, liberty, or property without due process of law. Furthermore, Article III, Section 9
(2), provides that private property shall not be taken for public use without just compensation.

Once the aforementioned conditions are met, the President may exercise the power of eminent domain
which are as follows:

Power of eminent domain The President shall determine when it is necessary or advantageous to
exercise the power of eminent domain in behalf of the national government, and direct the solicitor
general, whenever he deems the action advisable, to institute expropriation proceedings in the proper
court.

Power to direct escheat or reversion proceedings The President shall direct the solicitor general to
institute escheat or reversion proceedings over all lands transferred or assigned to persons disqualified
under the constitution to acquire land.

Power to reserve lands of the public and private domain of the government

(1) The president shall have the power to reserve for settlement or public use, and for specific public
purposes, any of the lands of the public domain, the use of which is not otherwise directed by law. The
reserved land shall thereafter remain subject to the specific public purpose indicated until otherwise
provided by law or proclamation.

(2) He shall also have the power to reserve from sale or other disposition and for specific public uses or
purposes, any land belonging to the private domain of the government, or any of the friar lands, the use
of which is not otherwise directed by law, and thereafter such land shall be used for the purposes specified
by such proclamation until otherwise provided by law.

Power over ill-gotten wealth The President shall direct the solicitor general to institute proceedings to
recover properties unlawfully acquired by public officials or employees, from them or from their nominees
or transferees.

Within the period fixed in, or any extension thereof authorized by, the constitution, the President shall
have the authority to recover ill-gotten properties amassed by the leaders and supporters of the previous
regime, and protect the interest of the people through orders of sequestration or freezing of assets or
accounts.

5. Power of appointment

The President may appoint officials of the Philippine government as provided by the constitution and laws
of the Philippines. Some of these appointments, however, may need the approval of the Committee on
Appointments (a committee composed of members from the House of Representatives and the Senate of
the Philippines).

6. Power of general supervision over local governments

The President of the Philippines, as chief executive, has the mandate to supervise local governments in
the Philippines, despite their autonomous status as provided by Republic Act No. 7160 otherwise known
as the Local Government Code of 1991.

Traditionally, this is done by the Department of the Interior and Local Government, headed by a cabinet
secretaryan alter ego of the President.

7. Other powers

Aside from the aforementioned powers of the President of the Philippines, he can also exercise powers
enumerated in the constitution, and powers given to him by law.

b. Presidential Issuances
are those which the President issues in the exercise of his ordinance
power
include the following
1) Executive Orders
- acts of the President providing for rules of a general or permanent
character in the implementation or execution of constitutional/
statutory powers
 - different from EO issued by the President in the exercise of her
legislative power during the revolutionary period under the
freedom constitution
2) Administrative Orders
- acts of the President which relate to particular aspects of
governmental operations in pursuance of his duties as
administrative head
3) Proclamations
- 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
4) Memorandum Orders
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
5) Memorandum Circulars
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 or compliance
6) General or Special Orders
acts and commands of the President in his capacity as
Commander-in-Chief of the AFP
All of these have the force and effect of laws.
c. Administrative Rules and Regulations
Rules and regulations issued by administrative or executive officers in
accordance with, and as authorized by, law have the force and effect of
law or partake the nature of statutes.
All that is required for their validity is that:
1) the rules should be germane to the objects and purposes of the law
2) the regulations be not in contradiction with but conform to the
standards that the law prescribes
3) they be for the sole purpose of carrying into effect the general
provisions of the law
In a case of discrepancy or conflict between the basic law and the
regulations issued to implement it, the basic law prevails over the
regulations.
The rule-making power must be confined to details for regulation of the
mode or proceedings to carry into effect the law as it has been enacted
 and it cannot be extended to amend or expand the statutory
requirements or to embrace matters not covered by the statute.
The rule-making power of a public administrative body is a delegated
legislative power, which it may not use either to abridge the authority
given it by Congress or the Constitution to enlarge its power beyond the
scope intended.
It may not make rules and regulations which are inconsistent with the
provisions of the Constitution or a statue, particularly the statue it is
administering or which created it, or which are in derogation of, or defeat
the purpose of a statute.
The rules of administrative officers and boards, which have the effect of
extending, or which the conflict with the authority-granting statute, do
not represent a valid exercise of the rule-making power but constitute an
attempt by an administrative body to legislate.
A statutory grant of powers should not be extended by implication
beyond what may be necessary for their just and reasonable execution.
As in the enactment of laws, the general rule is that the promulgation of
administrative issuances requires previous notice and hearing, the only
exception being where the legislature itself requires it and mandates that
the regulation shall be based on certain facts as determined at an
appropriate investigation.
To be valid, an administrative issuance must not be ultra vires or beyond
the limits of the authority conferred. It must not supplant or modify the
Constitution, its enabling statute and other existing law, for such is the
sole function of the legislature which the other branches of the
government cannot usurp.

d. Legislative Power of Local Government Units

The legislative power of local government units refers to the power of
local legislative bodies to enact ordinances, consisting of barangay
ordinance, municipal ordinance, city ordinance, and provincial
ordinance. To be valid, such ordinance require that their passage be 1) in
accordance with prescribed procedure; and 2) that they meet the
substantive requisites for their validity.
An ordinance:
o Must not contravene the Constitution or any statute;
o Must not be unfair or oppressive;
o Must not be partial or discriminatory;
o Must not prohibit but may regulate trade;
o Must be general and consistent with public policy;
o Must not be unreasonable
e. Ordinances
i. Barangay ordinance
o Sangguniang barangay may pass an ordinance affecting a barangay
by majority of all its members
o Subject to review by the sangguniang bayan or sangguniang
panglungsod to determine whether it is consistent with law or with
municipal or city ordinance
o The sangguniang bayan or sangguniang panlungsod shall take action
on the ordinance within thirty days from submission.
o If it does not take action within said period, the ordinance will be
presumed consistent with law or municipal or city ordinance and
shall be deemed approved.
o If it finds that the ordinance is inconsistent with law or city or
municipal ordinance, it shall return the same to the sangguniang
barangay concerned for adjustment, amendment, or modification,
in which case the effectivity of the ordinance is suspended.

ii. Municipal ordinance

o The power to enact municipal ordinance is lodged with the
sangguniang bayan.
o The affirmative vote of a majority of the members of the
sangguniang bayan present and voting, there being a quorum, shall
be necessary for the passage of any ordinance.
o The ordinance is then submitted to the municipal mayor who, within
ten days from receipt thereof, shall return either with his approval or
veto. If he does not return it within that time, it shall be deemed
approved. The sangguniang bayan may, by two-thirds vote of all
members, override the veto of the mayor, in which case it shall
become effective for all legal intents and purposes.
o The approved ordinance is then submitted to the sangguniang
panlalawigan for review. The sangguniang panlalawigan may,
within thirty days from receipt of the ordinance, invalidate it in whole
or in part, and its action shall be final.
o If the sangguniang panlalawigan does not take action on the
ordinance within thirty days after its submission, it shall be presumed
consistent with law and therefore valid.

iii. City ordinance

o The power to pass city ordinance is vested in the sangguniang
panlungsod.
 o The affirmative vote of a majority of the members of the
sangguniang panlungsod present and there being a quorum, shall be
necessary for the passage of any ordinance.
o The approved ordinance shall be submitted to the city mayor who,
within ten days from receipt thereof, shall return with his approval
or veto. If he does not return it within that time, it shall be deemed
approved.
o The sangguniang panlungsod may repass a vetoed ordinance by two-
thirds vote of all the members thereof.
o If the city is a component city, the approved ordinance is submitted
to the sangguniang panlalawigan for review which shall take action
therein within thirty days, otherwise, it will be deemed valid.

iv. Provincial ordinance

o The sangguniang panlalawigan as the legislative body of a province
may, by a vote of a majority of the members present, there being a
quorum, enact ordinances affecting the province.
o The ordinance is then forwarded to the governor who, within
fifteen days from receipt thereof, shall return it with his approval or
veto.
o If he does not return it within that time, it shall be deemed
approved. A vetoed ordinance may be repassed by the sangguniang
panlalawigan by a two-thirds vote of all its members.

f. Effect and Operation

v. When laws take effect

o Article 2 of the Civil Code as amended by Executive No. 200 provides
that laws shall take effect after fifteen days following the completion
of their publication in the Official Gazette or in a newspaper of
general circulation, unless it is otherwise provided.
vi. When presidential issuances, rules and regulations take effect
o Rules and regulations issued by administrative or executive officers to
enforce or implement a law or to fill in the details of a statute,
whether they are penal or non-penal, take effect after fifteen days
following their publication in the Official Gazette or in a newspaper of
general circulation, unless the statute which authorizes their issuance
provides a different date of effectivity after such publication.
vii. When local ordinances take effect
 o Unless otherwise stated in the ordinance or the resolution approving
the local development plan and public investment program, the
same shall take effect after ten (10) days from the date a copy
thereof is posted in a bulletin board at the entrance of the provincial
capitol or city, municipal, or barangay hall, and in at least two (2)
other conspicuous places in the local government concerned.
viii. Statutes continue in force until repealed.

Cases:
1. Ople vs. Torres (refer to the Stat Con book of Agpalo for more information
page 36)
2. Bagatsing vs Ramirez
3. Araullo vs Aquino

6. Judicial Department
a. Judicial Power; composition
Judicial power includes not only the duty of the courts to settle actual
controversies involving rights which are legally demandable and
enforceable, but also the duty to determine whether or not there has
been grave abuse of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of government.

b. Power to Construe
Construction is a judicial function.
o The duty and power to interpret or construe a statute or the
Constitution belong to the judiciary. It is the duty of the legislature to
make the law; of the executive to execute the law; and the judiciary
to construe the law.
o The Supreme Court construes the applicable law in controversies
which are ripe for judicial resolution. It refuses from doing so where
the case become moot and academic and it will instead dismiss the
case. A case or question is moot and academic when its purpose has
become stale or where no practical relief can be granted, or which
can have no practical effect. However, it may resolve the case and
construe the applicable law if it is capable of repetition, yet evading
review, especially where public interest requires its resolution or
when rendering a decision on the merits would be of practical value.
o The court construes or applies the law as it decides concrete and
controverted cases based on facts and the law involved.
 o It has been held that laws are interpreted always in the context of the
peculiar factual situation of each case.

c. Judicial Construction vis--vis Judicial Legislation

o The legislature has no power to overrule the interpretation or construction
of a statute or the Constitution by the Supreme Court, for interpretation is a
judicial function assigned to the latter by the fundamental law.
o Before the court can determine whether a law is constitutional or not, it will
have to interpret and ascertain the meaning not only of the said law, but also
of the pertinent portion of the Constitution in order to decide where there is
a conflict between the two, because if there is, then the law will have to give
way and has to be declared invalid and unconstitutional.
When judicial interpretation may be set aside:
o The Supreme Court itself may, in an appropriate case, change or override its
previous construction.
o By amending the Constitution, the framers of the fundamental law may
modify or even nullify a judicial interpretation of a particular provision
thereof.
o The rule that the Supreme Court has the final word in the interpretation or
construction of a statute merely means that the legislature cannot, by law or
resolution, modify or annul the judicial construction without modifying or
repealing the very statute which has been the subject of construction. It can,
and it has done so, by amending or repealing the statute, the consequence of
which is that the previous judicial construction of the statute is modified or
set aside accordingly.
Construction is the means by which the court clarifies the doubt to arrive at the
true intent of the law.
A condition sine qua non before the court may construe or interpret a statute,
is that there be doubt or ambiguity in its language. Ambiguity means a condition
of admitting two or more meanings, of being understood in more than one way,
or referring to two or more things at the same time. A statute is ambiguous if it
is susceptible of more than one interpretation. In such a case, the court should
construe the statute and give it a meaning that is in accord with its intent.
When the law is clear, there is no room for construction, only application.
The first and fundamental duty of the court is to apply the law. Construction or
interpretation is the very last function which the court should exercise, for if
there is more application and less construction, there would be more stability
in the law.
A statute that is clear and unambiguous is not susceptible of interpretation. It
should be applied regardless of who may be affected, even if the law may be
harsh or onerous.

d. Limitations on Power to Construe

 Courts many not, in the guise of interpretation, enlarge the scope of a
statute and include therein situations not provided not intended by the
lawmakers.
They should not, by construction, revise even the most arbitrary and
unfair action of the legislature, nor rewrite the law to conform with what
they think should be the law. Nor may they interpret into the law a
requirement which the law does not prescribe.
Where a provision of law expressly limits its application to certain
transactions, it cannot be extended to other transactions by
interpretation. To do any of such things would be to do violence to the
language of the law and to invade the legislative sphere.
Neither should the courts construe statutes which are perfectly vague.
As a rule, a statute may be vague when it lacks comprehensible standards
that men of common intelligence must necessarily guess at its meaning
and differ as to its application.

e. Stare Decisis
The decision of the Supreme Court applying or interpreting a statute is
controlling with respect to the interpretation of that statute and is of
greater weight than that of an executive or administrative officer in the
construction of other statutes of similar import.
Article 8 of the Civil Code expresses the principle of stare decisis et non
quieta novere (to adhere to precedents, and not to unsettle things which
are established). It means that when the Supreme Court has once laid
down a principle of law as applicable to a certain state of facts, it will
adhere to that principle and apply it to all future cases where the facts
are substantially the same. This principle assures certainty and stability
in the legal system. In other words, the interpretation by the Supreme
Court places upon the law has the force of law and establishes a
contemporaneous legislative intent of law, which constitutes part of the
law as of the date and statute is enacted. The interpretation continues
until overruled and the new doctrine is applied prospectively in favor of
the parties who have relieved on the old doctrine and have acted in good
faith in accordance therewith.
The doctrine of stare decisis is one of policy grounded on the
necessity for securing certainty and stability of judicial
decisions, thus:
Stare decisis simply means that for the sake of certainty, a
conclusion reached in one case should be applied to those that
follow if the facts are substantially the same, even though the
parties may be different. It proceeds from the first principle of
 justice that, absent any powerful countervailing considerations,
like cases ought to be decided alike. Thus, where the same
questions relating to the same event have been put forward by
the parties similarly situated as in a previous case litigated and
decided by a competent court, the rule of stare decisis is a bar
to any attempt to relitigate the same issue.
A ruling of the Supreme Court, in order that it will come within
the doctrine of stare decisis, must be categorically stated on an
issue expressly raised by the parties; it must be a direct ruling.
The principle presupposes that the facts of the precedent and
the case to which it is applied are substantially the same; if the
facts are dissimilar, then the said principle does not apply.

f. Statutory Construction vis--vis Judicial Legislation

Difference between judicial legislation and statutory construction:
Where legislature attempts to do several things one which is
invalid, it may be discarded if the remainder of the act is workable and
in no way depends upon the invalid portion, but if that portion is an
integral part of the act, and its removal changes the manifest intent
of the act by broadening its scope to include subject matter or territory
which was not included therein as enacted, such removal is judicial
legislation and not statutory construction.
a. Principle of Separation of Powers; Checks and Balances; Judicial Independence
Principle of Separation of powers
Purpose: To prevent concentration of authority in one person or group of persons that
might lead to an irreversible error or abuse in its exercise to the detriment of
republican institutions. "To secure action, to forestall overaction, to prevent despotism
and to obtain efficiency"

Principle of Checks and Balances

This allows one department to resist encroachments upon its prerogatives or to rectify
mistakes or excesses committed by the other departments, e.g., veto power of the
President as check on improvident legislation, etc.

Principle of Judicial Independence

Judicial independence is the idea of keeping the judiciary away from the other
branches of government. The main objective behind granting judicial
independence is to avoid the improper influence on the court from the other
branches of government. It is also referred as independence of the judiciary,
 The principle of judicial independence is designed to protect the system of
justice and the rule of law, and thus maintain public trust and confidence in the
courts.

Case: Belgica vs Ochoa

Four (4) Requisites of Judicial Review:

1) Actual case or controversy calling for the exercise of judicial power
Justiciable controversy vs. Political question
i. Justiciable controversy
- pertains to issues which are inherently susceptible of being decided on
grounds recognized by law
- refers to a matter which is appropriate for court review.
ii. Political question
- refers to matters to be exercised by the people in their primary sovereign or
political capacity
- specifically delegated to a department or any office of the government with
discretionary power to act
- concerned with the issues dependent upon the wisdom, not the legality, of
a particular act or measure being assailed
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 the rights which are legally demandable and enforceable, and to
determine whether or not there has been a grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any branch or instrumentality of the
Government.
The Supreme Court also has the power to declare the acts of the President and other
public officials as constitutional or unconstitutional. The SC may issue writs of
prohibition and writs of mandamus to stop the acts of the President and other public
officials.
All laws enacted by the Congress are presumed to be constitutional unless declared
by the Supreme Court as unconstitutional.
The power of judicial review is shared by all courts. The lower courts have
jurisdiction over the constitutionality of a law and may review it in appropriate
cases, and thereafter be subjected to review by the Supreme Court.
2 Types of Power of Government Officials to Act:
i. Ministerial duty an act mandated by law which the government office should
act upon in which the manner of performing such act is provided for by the law
 ii. Discretionary act government officials are given the discretion/power to
decide whether or not to act, and how to act
Judicial Controversy/Question
o There is a judicial controversy/question if there is a constitutionally imposed
limitation on the exercise of the discretionary power to act or the sovereign
power of the people.

2) Locus standi
The person challenging the act must have standing to challenge; he must have a
personal and substantial interest in the case such that he has sustained, or will
sustain, direct injury as a result of its enforcement.
Legal standing or locus standi has been defined as a personal and 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.
A citizen (or the party-interest) acquires standing only if he can establish that he has
suffered some actual or threatened injury as a result of the allegedly illegal conduct
of government.
o Ex. A taxpayer is deemed to have the standing to raise a constitutional issue
when it is established that public funds are illegally disbursed, or that there is a
wastage of public funds.
o Ex. A legislator is allowed to sue to question the validity of any official action
which he claims infringes his prerogatives as a legislator.
o Party-in-interest
actual damage should have been incurred upon the interested party
must have a personal and substantial interest in the case such that the
enforcement of the law has cause him or will cause him direct injury
Actual damage may not come from the aggrieved party so long as the injury
is a threat to public interest.
The rule is that a person who questions the validity of a statute must show that he
has sustained, or is in imminent danger of sustaining some direct injury as a result of
its enforcement.
The Supreme Court may, in discretion, take cognizance of a suit which does not
satisfy the requirement of legal standing. The Court has adopted a liberal attitude on
the locus standi of a petitioner where the petitioner is able to craft an issue of
transcendental significance/importance to the people.
o transcendental significance/importance
issues raised which are of paramount importance to the public interest
Its interest is too general.
Shared by other groups and the whole citizenry

3) Issue of constitutionality raised at earliest opportunity

 For the court to inquire into the constitutionality of a law, the party raising the
question of its validity must raise it at the earliest opportunity. This means that the
question must be raised in the complaint or petition by plaintiff or petitioner, or in
the answer by defendant or respondent.
If the question is not raised in the pleadings, ordinarily it may not be raised at the
trial in the lower courts, and if not raised in the trial, it will not be considered on
appeal.
o Exceptions:
o Where the statute sought to be invalidated was not in existence when
the complaint was filed or during the trial
o At any stage of the proceedings of criminal cases and in civil cases where
it appears clearly that a determination of the question is necessary to a
decision
o In cases where it involves the jurisdiction of the court below
The proceedings of the lower court who has no jurisdiction over the case is null and
void.

4) The issue of constitutionality must be the very lis mota of the case.
Courts will not touch the issue of constitutionality unless it is truly unavoidable and
is the very lis mota or crux of the controversy.
The court will not pass upon a constitutional question and decide a law to be
unconstitutional or invalid, unless such question is raised by the parties and that
when it is raised, if the record also presents some other ground upon which the
court may rest its judgment, that course will be adopted and the constitutional
question will be left for consideration until a case arises in which a decision upon
such question will be unavoidable.
Test of Constitutionality of Statutes
The test of constitutionality of a statute is what the Constitution provides in relation to
what can or may be done under the statute, and not by what it has been done under it.
Effect of Unconstitutionality
not a law
confers no rights
imposes no duties
affords no protection
creates no office
in legal contemplation, inoperative as though it had never been passed
Two views on the effects of a declaration of the unconstitutionality of a statute:
1. Orthodox view
o An unconstitutional act is not a law.
 o It is stricken from the statute books and considered to have never existed
at all
o It is a total nullity.
2. Modern view
o The court in passing the question of constitutionality does not annul or
repeal the statute if it finds it in conflict with the Constitution.
o It simply refuses to recognize it and determines the rights of the parties
just as if such statute had no existence.
o The court may give its reasons for ignoring or disregarding the law, but
the decision affects the parties only and there is no judgment against the
statute.
o The opinion or reasons of the court may operate as a precedent for the
determination of other similar cases, but it does not strike the statute
from the statute books; it does not repeal, supersede, revoke, or annul
the statute.
Verba legis or plain meaning rule
Where the statute is clear, plain and free from ambiguity, it must be given its literal
meaning and applied without interpretation.
This rule derived from the legal maxim: index animi sermo est (speech is the index of
intention) rests on the valid presumption that the words employed by the legislature in a
statute correctly express its intention or will and preclude the court from construing it
differently.
Rulings of Supreme Court part of legal system
Judicial decisions (by the Supreme Court) applying or interpreting the laws or the
Constitution shall form part of the legal system of the Philippines.
By statutory fiat, rulings of the court of last resort applying or interpreting a statute become
part of the statute itself.
Legis interpretato legisvim obtinet. This legal maxim means that the authoritative
interpretation of the Supreme Court of a statue acquires the force of law by becoming a
part thereof as of the date of enactment, since the courts interpretation merely establishes
the contemporaneous legislative intent that the statute thus construed intends to
effectuate.
The rulings of the Supreme Court are laws in their own right because they interpret what
the laws say or mean.
Stare decisis (refer to 6-e above)
As part of the legal system and until reversed by the Supreme Court itself, rulings of the
highest tribunal are binding upon inferior courts.
Only Supreme Court en banc can modify or abandon principle of law, not any division of the
Court.
En banc a quorum of 15 judges deliberates
Decisions en banc can only be overthrown by another decision en banc.