Statutes

WHAT IS A STATUTE?
- A statute is a written law promulgated a competent authority.
- A statute may forbid a certain act, direct a certain act, make a declaration, or set forth governmental
mechanisms to aid society.
- A statute begins as a bill proposed or sponsored by a legislator. If the bill survives the legislative committee
process and is approved by both houses of the legislature, the bill becomes law when it is signed by the
executive officer. When a bill becomes law, the various provisions in the bill are called statutes.

**The term statute signifies the elevation of a bill from legislative proposal to law.**

Difference of Jurisprudence and Statute:

- “Law" is a system of rules regulating the activities of a particular group of humans and penalties for breaking
those rules. While in the broadest sense, "jurisprudence" is the study of the nature of law, methods of legal
reasoning, legal systems, and legal institutions. Its study covers such concepts as how we know what law is,
what are the sources of law and any obligation to obey it.

Different Kinds of Statutes:

1. As to Nature:
a. Penal Statutes
- It defines a criminal offense and prescribes its corresponding fine, penalty or punishment.
- It calls for a penalty as opposed to one providing for a remedy for a wronged party.
- Sources of Penal Statutes would be from the Revised Penal Code and other Special Penal Laws.
Example:
Art. 246: Parricide. – Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or
any of his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death.

b. Remedial Statutes
- Procedures providing means or method whereby causes of action may be effectuated, wrongs
redressed and relief obtained.
- These are statutes that pertain to effect a remedy.
- Sources of Remedial Statutes would be the Rules of Court
- These statutes primarily seeks to impose an arbitrary, deterring punishment upon any who might
commit a wrong against the public.

c. Substantive Statutes
- Legislations that set the laws and governs how members of a society are to behave.
- This statute when applied to criminal law, declares what acts are crimes and prescribe punishments
for committing them.
- Defines rights and responsibilities in civil law and crimes and punishments in criminal law.
Example:
Civil Code, Article 19: Every person must, in the exercise of his rights and in the performance of his duties, act
with justice, give everyone his due, and observe honesty and good faith.

d. Labor Statutes
- It mediates the relationship between workers, employing entities, trade unions and the government.
- Common sources of these statutes would be the Labor Code.
Example:
Labor Code, Article 102: Forms of payment – No employer shall pay the wages of an employees by means of
promissory notes, vouchers, coupons, tokens, tickets, chits, or any object other than legal tender, even when expressly
requested by the employee.

e. Tax Statutes
- Laws that applies a charge on an individual property for a purpose of supporting the functioning of
the government.
- Charges may be imposed on sale of property or goods, imports, exports, wages and income, and
privileges.
Example:
The Local Government Code of 1991
Book II Local Taxation and Fiscal Matters.
Section 129. Power to Create Sources of Revenue. – Each local government unit shall exercise its power to
create its own source of revenue and to levy taxes, fees, and charges subject to the provisions herein, consistent with
the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local government
units.

2. As to Application
MANDATORY DIRECTORY
- It is a statute which commands or - It is a statute that operates to confer
prohibits the acts of a person, in which discretion upon a person, namely to
the people of the land has no other follow the dictates of their own
choice but to obey/follow. judgment and conscience.
EXAMPLES:
- Republic Acts of the state - Memorandum Circulars
- The Constitution - Memorandum Orders
- Executive Orders
EFFECTS
- Compliance is a must - Non- compliance is not that fatal
THE USED WORD:
- Shall, Must, Ought, Should, Cannot, Shall - May
not,
 3. As to Performance
PERMANENT TEMPORARY
- A statutes that has no specific period of - A statute whose duration is for a limited
its applicability period of time; or
- It is permanent/ perpetual statutes, it can - Its effectivity cease upon the happening
only expire by repealing it, either of an event
impliedly or expressly.

4. As to Scope
a. GENERAL
- One which applies to the whole state and operates throughout the state alike upon all people or all
of a class
- Embraces a class of subjects or places and does not omit any subject or place naturally belonging to
such class.

b. SPECIAL
- Relates to particular persons or things of a class or to a particular community, individual or thing

5. Other Classifications
a. A statute could either be prospective or retroactive
1. PROSPECTIVE – One which operates upon facts or transactions that occur after the statute takes
effect; one that looks and applies to the future
Civil Code Article 4: Laws shall have no retroactive effect, unless the contrary is provided.
**Lex prospicit, non respicit – The law looks forward, not backward
**Lex de future, judex de praeterito – The law provides for the future, the judge for the past

2. RETROACTIVE – Creates a new obligation, imposes a new duty or attaches a new disability in
respect to a transaction already past

Revised Penal Code Article. 22. Retroactive effect of penal laws. — Penal Laws shall have a
retroactive effect insofar as they favor the persons guilty of a felony, who is not a habitual
criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at the time of the
publication of such laws a final sentence has been pronounced and the convict is serving the same.

Revised Penal Code Article. 62. Effect of the attendance of mitigating or aggravating
circumstances and of habitual delinquency. — Mitigating or aggravating circumstances and
habitual delinquency shall be taken into account for the purpose of diminishing or increasing the
penalty in conformity with the following rules:

Habitual delinquency shall have the following effects: (a) Upon a third conviction the culprit
shall be sentenced to the penalty provided by law for the last crime of which he be found guilty
and to the additional penalty of prision correccional in its medium and maximum periods; (b)
 Upon a fourth conviction, the culprit shall be sentenced to the penalty provided for the last crime
of which he be found guilty and to the additional penalty of prision mayor in its minimum and
medium periods; and (c) Upon a fifth or additional conviction, the culprit shall be sentenced to the
penalty provided for the last crime of which he be found guilty and to the additional penalty of
prision mayor in its maximum period to reclusion temporal in its minimum period.

b. A statute could either be repealing act or an amendatory act.

 Repealing Act
o The legislature has plenary power to repeal a law
o The Constitution prohibits passage of irrepealable law
o Implied or express repeal
 Amendatory
o The legislature has the authority to amend, subject to constitutional requirements, any
existing law
**Amendment – changes or modification by altering, deleting, or adding of a statute which survives in its amended
form.

PARTS OF A LAW/STATUTE
1. TITLE
 The title of a statute is the heading on the preliminary part, furnishing the name by which the act is
individually known. It is usually prefixed to the statute in the form of a brief summary of its contents.
 The Constitution provides under Article VI, Section 26[1) that “every bill passed by Congress shall
embrace only one subject which shall be expressed in the title thereof.” This provision is mandatory,
and a law enacted in violation thereof is unconstitutional.

Example:
Republic Act No. 9344 – Juvenile Justice and Welfare Act of 2006
“AN ACT ESTABLISHING A COMPREHENSIVE JUVENILE JUSTICE AND WELFARE SYSTEM,
CREATING THE JUVENILE JUSTICE AND WELFARE COUNCIL UNDER THE DEPARTMENT OF
JUSTICE, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES”

2. PREAMBLE
 That part of a statute explaining the reasons for its enactment and the objects sought to be
accomplished. Generally, a preamble is a declaration by the legislature of the reasons for the passage
of the statute and is helpful in the interpretation of any ambiguities within the statute to which it is
prefixed.

Example:
Republic Act No. 3091 – Anti-Graft and Corrupt Practices Act
Section 1. Statement of Policy -
 “It is the policy of the Philippine Government, in line with the principle that a public office is a public
trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt
practices or which may lead thereto.”

3. ENACTING CLAUSE
 That part of the statute which declares its enactment and serves to identify it as an act of the
legislation proceedings from the proper legislative authority. “Be it enacted” is the usual formula used
to start this clause.

Example:
RA 9344 and RA 9262, they have the same Enacting Clause.
“Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:”

4. BODY
 The main and operative part of the statute containing its substantive and even procedural provisions.
Provisions and exceptions may also be found in the body of the statute.
 The legislative practice in writing a statute is to divide an act into sections, each of which is numbered
and contains a single proposition.

5. REPEALING CLAUSE
 That part of the statute which announces the prior statutes or specifies provisions which have been
abrogated by reason of the enactment of the new law.

Example:
Republic Act No. 9208 – Anti-Trafficking in Persons Act of 2003
Section 32. Repealing clause –
All laws, presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent
with the provisions of this Act are hereby repealed or modified accordingly: Provided, That this Act shall
not in any way amend or repeal the provision of Republic Act No. 7610, otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act".

6. SAVING CLAUSE
 A restriction in a repealing act, which is intended to save rights, pending proceedings, penalties, etc.,
from the annihilation which would result from an unrestricted appeal.

Example:
Republic Act No. 9208 – Anti-Trafficking in Persons Act of 2003
Section 32. Repealing clause –
All laws, presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent
with the provisions of this Act are hereby repealed or modified accordingly: Provided, That this Act shall
not in any way amend or repeal the provision of Republic Act No. 7610, otherwise known as the "Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act".
 7. SEPARABILITY CLAUSE
 That part of 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.

Example:
Republic Act No. 9262 – Anti-Violence Against Women and Children Act of 2004
Section 48. Separability Clause.
– If any section or provision of this Act is held unconstitutional or invalid, the other sections or
provisions shall not be affected.

8. EFFECTIVITY CLAUSE
 That part of the statute which announces the effective date of the law.

Examples:
Republic Act No. 9344 – Juvenile Justice and Welfare Act of 2006
Section 72. Effectivity
This Act shall take effect after fifteen (15) days from its publication in at least two (2) national
newspapers of general circulation.

Republic Act No. 3091 – Anti-Graft and Corrupt Practices Act

Section 16. Effectivity
This Act shall take effect on its approval, but for the purpose of determining unexplained wealth, all
property acquired by a public officer since he assumed office shall be taken into consideration.

Group 3:
AURORA
BALAODAN
CRISTOBAL
DE VERA
DEAUNA
TUBANA