LEGRES
18 OCTOBER 2019
VI. STATUTORY LAW
HOW A BILL BECOMES LAW
1. PH CONSTITUTION, ART. VI, SEC. 26, PAR. 2
ART. VI, SEC. 26
Section 26. (1) Every bill passed by Congress shall embrace only
one subject which shall be expressed in the title thereof.
(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 be taken immediately after,
and the yeas and nays entered in the Journal.
2. PH CONSTITUTION, ART. VI, SEC. 27
ART. VI, SEC. 27
Section 27.
(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.
 If, after such reconsideration, 2/3 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 2/3 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 and 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 30 days after the date of
receipt thereof, otherwise, it shall become a law as if he had
signed it.
(2) The President shall have the power to veto any particular item
or items in an appropriation, revenue, or tariff bill, but the veto
shall not affect the item or items to which he does not object.
3. A GUIDE TO PHILIPPINE LEGAL INFORMATION (pp. 84-86)
How is a bill enacted into law?
 Bill is a proposed legislative measure introduced by a
member or members of Congress for enactment into law.
 It is signed by its author(s) and filed with the Secretary of the
House/Senate.
 It may originate from either lower or upper house, except
o appropriation,
o revenue or tariff bills authorizing increase of public
debt,
o bills of local application and
o private bills
o which shall originate exclusively in the HoR.
Steps:
1. The secretary reports the bill for 1st reading.
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 a. Reading the number and title of the bill
b. Referral to the appropriate committee for study and
recommendation
2. 2nd reading
a. Bill shall be read in full with the amendments
proposed by the Committee, if any.
b. Bill will be subjected to debates, pertinent motions
and amendments.
c. After the amendments shall have been acted upon,
bill will be voted on 2nd reading.
d. A bill approved on 2nd reading shall be included in the
calendar of bills for the 3rd reading.
rd
3. 3 reading
a. Approved bill on 2nd reading will be submitted for
final vote by yeas and nays.
b. A bill is approved by either House after it has gone 3
readings.
c. The approve bill on 3rd reading by one House is
transmitted to the other House for concurrence
(same route as a bill originally filed with it).
d. If other House approves without amendment, bill is
passed by Congress and to the President for
appropriate action.
e. If the other House introduces amendments, and
other House (where it originated) does not agree, go
to the Conference Committees between Chambers
f. Whose report or recommendation thereon will have
to be approved by both Houses in order that it will
be considered passed by the Congress
g. Then send it to the President for action.
 Law making process in Congress ends when the bill is
approved by the body.
 Before an approved bill is sent to the President for his
consideration, the bill is signed by the Speaker and the
Senate President of the printed copy of the approved bill,
certified by the respective secretaries of both Houses.
 Bill passed by Congress becomes a law when the President
signs it, or when the President does not sign or communicate
his veto within 30 days after his receipt,
 Or when the vetoes bill is reconsidered and passed by
Congress by 2/3 vote of all its members, each House voting
separately.
Presidential Issuances
 Administrative acts and commands of the President made
effective by the issuance of Executive Orders.
o Organization or mode of operation of the
government
o Rearranging or readjustment of districts, divisions,
part or parts of the Ph
o All acts and commands governing the general
performance of duties by public employees
o Disposing of issues of general concern
o Fixing the dates when specific laws, resolutions or
orders are to have or cease to take effect
o Any information concerning maters of public
moment determined by law, resolution, or executive
orders,
o Take the form of executive proclamations.
 Which the President issues in the exercise of his ordinance
power.
 President is granted an Ordinance Power (Administrative
Code of 1987)
o Executive orders
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  Acts of the President providing for rules of a
general or permanent character in the
implementation or execution of
constitutional or statutory powers.
o Administrative orders
 Which relate to particular aspect of
governmental operation in pursuance of his
duties as administrative head.
o Proclamations
 Fixing a date or declaring a statue or
condition of public moment or interest
 Upon the existence of which the operation
of a specific law or regulation is made to
depend.
o Memorandum orders
 On matters of administrative details or of
subordinate or temporary interest which
only concern a particular officer or office of
the government.
o Memorandum circular
 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.
o General or Special orders
 Acts or commands of the President in his
capacity as Commander-In-Chief of the
Armed Forces of the Philippines.
 These have to force and effect of laws.
 ORDINANCE POWER
o Limited to the foregoing issuances.
 President cannot issue decrees similar to those issued by
Marcos (Proclamation No. 1081) or Aquino (Revolutionary
Period)
o These issuances are of the same category and
binding as statutes enacted by legislative
o Issued by president in the exercise of their legislative
power during emergency periods.
EFFECTIVITY
1. CIVIL CODE, ART. 2
CIVIL CODE, ART. 2
Article 2. Laws shall take effect after 15 days following the
completion of their publication in the Official Gazette, unless it is
otherwise provided. This Code shall take effect 1 year after such
publication.
2. TANADA V TUVERA (1986)
FACTS  Petitioners want the government to disclose
several presidential decrees which they
claimed had not been published as required by
law.
 Government argued that while publication was
necessary as a rule, it was not so when it was
“otherwise provided” because they become
effective immediately upon their approval.
 Court affirmed the necessity of publication to
that it will have a binding force and effect.
ISSUE/S The issue is whether or not unless it is otherwise
provided refers to the publication?
HELD  “unless it is otherwise provided” refers to the
date of effectivity and not the requirement of
publication itself.
 Publication cannot in any event be omitted.
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  Publication is indispensable in every case, but
legislator may shorten or extend the 15-day
period.
 Omission of the publication would violate the
due process as it would deny the public
knowledge of the laws.
 The right of the people to information on
matters of public concern.
OTHER PRINCIPLES
1. CIVIL CODE, ART. 3
CIVIL CODE, ART. 3
Article 3. Ignorance of the law excuses no one from compliance
therewith.
2. CIVIL CODE ART. 4
CIVIL CODE, ART. 4
Article 4. Laws shall have no retroactive effect, unless the contrary
is provided.
3. ADMINISTRATIVE CODE BOOK 1 (CHAPTER 5)
CHAPTER 5
OPERATION AND EFFECT OF LAWS
Section 18. When Laws Take Effect. - Laws shall take effect after
fifteen (15) days following the completion of their publication in
the Official Gazette or in a newspaper of general circulation, unless
it is otherwise provided.
Section 19. Prospectivity. - Laws shall have prospective effect
unless the contrary is expressly provided.
Section 20. Interpretation of Laws and Administrative Issuances. -
In the interpretation of a law or administrative issuance
promulgated in all the official languages, the English text shall
control, unless otherwise specifically provided. In case of
ambiguity, omission or mistake, the other texts may be consulted.
Section 21. No Implied Revival of Repealed Law.- When a law which
expressly repeals a prior law itself repealed, the law first repealed
shall not be thereby revived unless expressly so provided.
Section 22. Revival of Law Impliedly Repealed. - When a law which
impliedly repeals a prior law is itself repealed, the prior law shall
thereby be revived, unless the repealing law provides otherwise.
Section 23. Ignorance of the Law. - Ignorance of the law excuses
no one from compliance therewith.
4. ADMINISTRATIVE CODE BOOK 1 (CHAPTER 6)
CHAPTER 6
OFFICIAL GAZETTE
Section 24. Contents. - There shall be published in the Official
Gazette all legislative acts and resolutions of a public nature; all
executive and administrative issuances of general application;
decisions or abstracts of decisions of the Supreme Court and the
Court of Appeals, or other courts of similar rank, as may be
deemed by said courts of sufficient importance to be so published;
such documents or classes of documents as may be required so to
be published by law; and such documents or classes of documents
as the President shall determine from time to time to have general
application or which he may authorize so to be published.
The publication of any law, resolution or other official documents
in the Official Gazette shall be prima facie evidence of its
authority. lawphi1
Section 25. Editing and Publications. - The Official Gazette shall be
edited in the Office of the President and published weekly in
Pilipino or in the English language. It shall be sold and distributed
by the National Printing Office which shall promptly mail copies
thereof to subscribers free of postage.
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 5. TAWANG MULTIPURPOSE COOPERATIVE V. LA TRINIDAD
WATER DISTRICT (2011)
DOCTRINE
FACTS  Tawang Multi-Purpose Cooperative (TMPC)
is organized to provide domestic water
services in Benguet.
 La Trinidad Water District (LTWD) is a local
water utility created under PD 198. It is
authorized to supply water within the
municipality of Benguet.
 TMPC filed with the National Water
Resources Board (NWRB) an application for
a certificate of public convenience (CPC) to
operate and maintain waterworks in
Benguet.
 LTWD opposed claiming that Section 47 of
PD 198 gave them an exclusive franchise.
 NWRD approved TMPC’s CPC and held that
LTWD cannot be exclusive since it is
unconstitutional and TMPC is legally and
financially qualified to operate.
 RTC cancelled TMPC’s CPC because the term
exclusive in character’s purpose is to keep
and maintain ultimate control and
supervision over the operation of public
utilities.
 Exclusive in character means that no
franchise of whatever nature can preclude
the state from granting franchise to any
person or entity or to repeal or amend
franchise already granted.
ISSUE/S RTC erred in holding that Section 47 of PD 198 is
valid.
HELD  Court ruled that Section 47 of PD 198 is
unconstitutional.
 The 1935, 1973 and1987 Constitutions
expressly prohibited the creation of
franchises that are exclusive in character.
 They uniformly command that “nor shall
such franchise be exclusive in character”.
The prohibition is absolute and accepts no
exception.
 Section 47 gives BOD and LWUA discretion
to create franchises that are exclusive in
character; they are not even legislative
bodies.
 Since Section 47 gives public utilities an
exclusive franchise, it is unconstitutional
for violating Article XII, Section 11 of the
1987 Constitution.
VII. CASE LAW
1. LEGAL RESEARCH BY RODRIGUEZ (163-166)
2. A GUIDE TO PHILIPPINE LEGAL INFORMATION (p. 133)
3. CIVIL CODE ART. 8
CIVIL CODE ART. 8
Article 8. Judicial decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of the Philippines.
4. PH CONSTITUTION, ART. VIII, SEC. 4, PAR. 3
ART. VIII, SEC. 4, PAR. 3
Section 4. (1) The Supreme Court shall be composed of a Chief
Justice and fourteen Associate Justices. It may sit en banc or in its
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discretion, in division of three, five, or seven Members. Any
vacancy shall be filled within ninety days from the occurrence
thereof.
(2) All cases involving the constitutionality of a treaty, international
or executive agreement, or law, 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.
(3) Cases or matters heard by a division shall be decided or
resolved 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, and in no case without the concurrence of at least
three of such Members. When the required number is not
obtained, the case shall be decided en banc: Provided, that no
doctrine or principle of law laid down by the court in a decision
rendered en banc or in division may be modified or reversed
except by the court sitting en banc.
5. DE CASTRO V. JBC (2010)
DOCTRINE
FACTS  It is about the appointment of the successor of
CJ Reynato Puno since he was set for compulsory
retirement on 17 May 2010 (days after the 2010
presidential election on 10 May 2010).
 Section 4 of Article 8 of the Constitution states
that any vacancy in the SC shall be filled within
90 days from the occurrence.
Section 15 of Article 7 of the Constitution states
that 2 months immediately before the next
presidential elections and up to the end of his
term, a President or Acting President shall not
make appointment.
 De Castro and Peralta wants the JBC to submit
to PGMA list of 3 nominees for the next CJ
position.
 PHILCONSA wants the JBC to submit the list
because the prohibition in Article 7 only applies
to appointments in the Executive Department.
 SolGen Mendoza seeks the guidance from the SC
whether or not Article 7 applies to appointments
in the Judiciary.
 JBC en banc unanimously agreed to start the
process of filling up the CJ position upon the
retirement of CJ Puno.
 JBS automatically considered the 5 most senior
Associate justices of the Court (Carpio, Corona,
Carpio-Morales, Velasco-declined, Nachura-
declined).
 After announcing the list of nominees, JBC is still
unsure when to submit the shortlist to the
President.
ISSUE AND Does the prohibition under Article 7 not apply to
HELD #1 appointments to fill a vacancy in the SC or to other
Judiciary appointments?
 YES, prohibition does not apply to SC or other
Judiciary appointments.
1. Intent of the framers of the Constitution
 Article 8 is more important than Article 7.
 SC held that incumber President can appoint the
successor of CJ Puno on the grounds that the
prohibition against presidential appointment
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 under Article 7 does not extend to Judiciary or the incumbent CJ is unable to perform the
appointments. duties and powers of the office.
 Recognition of the principle of separation of ISSUE AND Is the JBC mandated to submit the list of nominees
powers. HELD #3 to the President?
 Article 7 – Executive department.  YES.
 Article 8 – Judicial department.  JBC may be compelled by mandamus to submit
 Exchanges in the Constitutional Commission the names of the nominees to the President
shows that filling of the SC vacancy within 90 before the 90-day period.
days was a true mandate for the President.  Section 8 mandates the President to fill the
2. Dangers surrounding the concept of midnight vacancy in the SC within 90 days from the
appointment are neutralized by the JBC. vacancy. It is directed at the President, not the
 Article 7 JBC.
3. Sec 14 & 16 of Article 7 does not apply to the  JBC should start the process before the
Judiciary. So, Section 1 should not apply also. occurrence of the vacancy.
4. Wisdom of having the New President appoint  JBC has no discretion to submit the list to the
the next CJ is suspicious and cannot ensure President after the vacancy occurs.
judicial independence. It does not run the same
risk for the incumber President because her 6. CARPIO-MORALES V. CA (2015)
term is ending. DOCTRINE
5. Section 15 extends to appointment to the FACTS
Judiciary will undermine the intent of the ISSUE/S
Constitution of ensuring the independence of HELD
the Judiciary from the Executive and Legislative.
6. No need for the incumbent to appoint during the 7. FLORENTINO V. RIVERA (2006)
prohibition period because there will still be 45 DOCTRINE
days remaining out of the 90 days. FACTS
ISSUE AND Is there a need to appoint a CJ despite a provision ISSUE/S
HELD #2 in the Judiciary Act of 1948 which provides for
HELD
Acting chief Justice?
 YES, there should be a CJ no an Acting CJ.
8. NADERICO, INC. V. KROOMINCO, INC. (2018)
 Acting CJ was not intended by the framers.
DOCTRINE
 Acting CJ in the Judiciary Act refers to a rare
FACTS
situation where the new CJ is not yet appointed,
ISSUE/S

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 HELD
9. DEUTSCHE BANK AG MANILA BRANCE V. CIR (2013)
DOCTRINE
FACTS
ISSUE/S
HELD
VIII. TREATIES AND OTHER INTERNATIONAL AGREEMENTS
1. A GUIDE TO PHILIPPINE LEGAL INFORMATION (pp. 76-79)
 (b) “ratification”, “acceptance”, “approval” and “accession”
2. INTRO TO PUBLIC INTERNATION LAW BY BERNAS (pp. 8-21)
 treaty;
3. INTRO TO PUBLIC INTERNATION LAW BY BERNAS (pp. 56-
66)

4. PH CONSTITUTION, ART. II, SEC. 2
ART. II, SEC. 2
Section 2. The Philippines renounces war as an instrument of
national policy, adopts the generally accepted principles of
international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity
with all nations.
5. PH CONSTITUTION, ART. VII, SEC. 21
ART. VII, SEC. 21
Section 21. No treaty or international agreement shall be valid and
effective unless concurred in by at least two-thirds of all the
Members of the Senate.
6. VIENNA CONVENTION ON THE LAW OF TREATIES,
ART. 2 (1) (A), (B), (G), (31-33)
Article 2
Use of terms
1.For the purposes of the present Convention:
(a) “treaty” means an international agreement concluded
between States in written form and governed by international law,
whether embodied in a single instrument or in two or more related
instruments and whatever its particular designation;
mean in each case the international act so named whereby a State
establishes on the international plane its consent to be bound by a
(g) “party” means a State which has consented to be bound by the
treaty and for which the treaty is in force;
7. STATUTE OF THE INTERNATIONAL COURT OF JUSTICE, ART.
38
ARTICLE 38
1. The Court, whose function is to decide in accordance with
international law such disputes as are submitted to it, shall apply:
a) international conventions, whether general or particular,
establishing rules expressly recognized by the contesting
states;
b) international custom, as evidence of a general practice
accepted as law;
c) the general principles of law recognized by civilized
nations;
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 d) subject to the provisions of Article 59, judicial decisions HELD
and the teachings of the most highly qualified publicists of
the various nations, as subsidiary means for the
determination of rules of law.

2. This provision shall not prejudice the power of the Court to

decide a case ex aequo et bono, if the parties agree thereto.

8. BAYAN MUNA V. ALBERTO ROMULO (2011)

DOCTRINE
FACTS
ISSUE/S
HELD

9. PIMENTEL JR. V. OFFICE OF THE EXECUTIVE SECRETARY

(2005)
DOCTRINE
FACTS
ISSUE/S
HELD

10. CARLOS MANUEL VAZQUEZ, THE 4 DOCTRINES OF SELF-

EXECUTING TREATIES (1995)
DOCTRINE
FACTS
ISSUE/S
HELD

11. PHARMACEUTICAL AND HEALTH CARE ASSOCIATION V.

DUQUE III (2007)
DOCTRINE
FACTS
ISSUE/S