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PARTS OF A STATUTE
Title -- The title of the statute is the heading on the preliminary part, furnishing the name by
which the act is individually known.
Preamble -- That part of the statute explaining the reasons for its enactment and the objects
sought to be accomplished.
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.
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 -- That part of the statute which announces the prior statutes or specific
provisions which have been abrogated by reason of the new law.
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
repeal.
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.
Effectivity Clause -- That part of the Statute which announces the effective date of the law.
Title:
Section 26 (1):
Every bill passed by the Congress shall be embrace
only one subject which shall be expressed in the title
thereof.
Rule: One Subject One Title Rule
Preamble:
Example:
WHEREAS, the Constitution of the Philippines describes the national
territory as comprising all the territory ceded to the United States
by the Treaty of Paris concluded between the United States and
Spain on December 10, 1898, the limits of which all the islands
embraced in the treaty concluded at Washington, between United
States and Spain on November 7, 1900, and in the treaty concluded
between the United States Great Britain on January 2, 1930, and all
the territory over which the government of the Philippine Islands
exercise jurisdiction at the time of the adoption of the Constitution.
Repealing Clause
Example:
Section 8. Repealing Clause Any law, presidential
decree or issuance, executive order, letter of instruction,
administrative order, rule or regulation contrary to or
inconsistent with any provision of this act is hereby
amended or modified accordingly.
KINDS OF STATUTES
General Law -- is one that affects the community at large. A law that relates to a subject
of a general nature, or that affects all people of the state or all of a particular class.
Special Law -- is one which is different from others of the same general kind, designed
for a particular purpose, limited in range, or confined to a prescribed field of action on
operation.
Local Laws -- are those which relates or operates over a particular locality.
Public Laws -- consist of constitutional, administrative, criminal and international law,
concerned with the organization of the State, the relations between the people and the
state, the responsibilities of public officers to the state, and the relations of states with
one another.
Private Laws -- are those which defines, regulates, enforces, and administers
relationships among individuals, associations and corporations.
Remedial Statutes -- are those which refer to the method of enforcing rights or of
obtaining redress of their invasion. It can be made to applicable to cases pending at the
time of its enactment.
Curative Statutes -- are those which undertake to cure errors and irregularities, thereby
validating judicial or administrative proceedings, acts of public officers, or private deeds and
contracts which otherwise would not produce their intended consequences by reason of some
statutory disability or failure to comply with some technical requirement. They operate on
conditions already existing, and are necessarily retroactive in operation.
Curative statutes are "healing acts x x x curing defects and adding to the means of enforcing
existing obligations x x x (and) are intended to supply defects, abridge superfluities in existing
laws, and curb certain evils x x x By their very nature, curative statutes are retroactive x x x
(and) reach back to past events to correct errors or irregularities and to render valid and effective
attempted acts which would be otherwise ineffective for the purpose the parties intended.
Penal Statutes -- are those which defines criminal offenses and specify corresponding fines and
punishments. It is enacted to preserve the public order, which defines an offense against the
public and inflicts a penalty for its violation.
Prospective Laws -- are those which applies only to acts or omissions committed after its
enactment.
Retrospective Laws -- are those which look backwards or contemplates the past. Laws which are
made to affect acts or facts occurring, or rights occurring, before it came into force.
Affirmative Statutes -- are those couched in affirmative or mandatory terms. One which directs
the doing of an act, or declares what should be done.
Mandatory Statutes -- are those which require, and not merely permit, a course of action.
CLASSIFICAT
IONS
GENERAL
CLASSIFICATION
-Conventional or Subordinate
-External or Internal
CONVENTIONAL
SUBORDINATE
EXTERNAL
INTERNAL
SPECIFIC CLASSIFICATION
-Constitution
-Treaties
-Statutes Proper
-Municipal Charters
-Municipal Legislations
-Administrative Rules and Regulations
-Court Rules
-Legislative Rules
-Presidential Issuances
CONSTITUTION
(Saligang Batas ng Pilipinas)
CLASSIFICATION
AS TO FORM:
Written- A written constitution is one whose precepts are embodied in one document or set of
documents
Unwritten- unwritten constitution consists of rules which have not been integrated into a
single, concrete form but are scattered in various sources, such as statues of a fundamental
character, judicial decisions, commentaries of publicists, customs and traditions, and certain
common law principles.
AS TO THEIR ORIGIN AND HISTORY:
Evolved or Cumulative It is the result of political evolution, not inaugurated at any specific
time but changing by accretion rather than by systematic method.
Enacted or Conventional It is enacted, formally struck off at a definitive time and place
following a conscious or deliberate effort taken by a constituent body or ruler
AS TO THE MANNER OF AMENDMENT:
Rigid - Rigid constitution is one that can be amended only by a formal and usually difficult
process
Flexible- Flexible constitution is one that can be changed by ordinary legislation.
FORMER CONSTITUTIONS OF
THE PHILIPPINES:
Cartilla and Sanggunian-Hukuman charter and code of
laws and morals of the Katipunan (Emilio Jacinto- 1896)
Provisional Constitution of Biak-na-Bato (Isabelo Artacho
and Felix Ferrer -1897)
Constitution of the Island of Luzon (Gen. Francisco
Macabulos - April 17, 1898)
President Aguinaldo on December 23, 1898; formally adopted by the Malolos Congress on January 20, 1899,
promulgated by President Emilio Aguinaldo on January 21, 1899.
The Philippine Organic Act of 1902 : enacted into law by the United States Congress on July 1, 1902
The Jones Law of 1916 : enacted into law by the United States Congress on August 29, 1916.
The 1935Constitution : as approved by the 1934 Constitutional Convention on February 8, 1935, certified by
the President of the United States on March 25, 1935, and ratified by plebiscite on May 14, 1935.
The 1943Constitution: as approved by the Preparatory Committee on Philippine Independence, September
December 1, 1972; deemed ratified by Citizens Assemblies held from January 10 to 15, 1973, proclaimed in
force by Proclamation by President Marcos, January 17, 1973.
The 1986 Freedom Constitution : promulgated by Presidential Proclamation, March 25, 1986.
TREATIES
"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.
FUNCTIONS OF TREATIES:
Enable parties to settle actual and potential conflicts
Make it possible for the parties to modify the rules of
international customary law by means of optional
principles or standards
with
their
respective
constitutional
TREATY-MAKING PROCESS
1.
Negotiation
-Parties submit a draft of the proposed treaty which becomes the basis of the
Negotiations
2. Signature
means of authenticating the instrument and symbolizing the good faith of the
parties BUT does not indicate final consent
3. Ratification
4. Exchange of instruments of ratification
STATUTES PROPER
ACTS OF THE PHILIPPINE LEGISLATURE
Legislative Acts of the Legislature established by virtue of the
Philippine Bill of 1902, as implemented in 1907 with the election of
the First Philippine Assembly, which became the lower house in
tandem with the Philippine Commission. The Philippine Legislature
came to an end with the adoption of the 1935 Constitution and the
inauguration of the Commonwealth of the Philippines.
COMMONWEALTH ACTS
Legislative Acts passed by the legislature established by virtue
of the 1935 Constitution: first the National Assembly, then the
Congress of the Philippines. Beginning July 4, 1946, with the
restoration of the independence of the Philippines, the legislative
PRESIDENTIAL DECREES
Presidential Decrees were an innovation made by President Ferdinand E.
Marcos with the proclamation of Martial Law. They served to arrogate unto the
Chief Executive the lawmaking powers of Congress. Only President Marcos issued
Presidential Decrees. In the Freedom Constitution of 1986, President Corazon C.
Aquino recognized the validity of existing Presidential Decrees unless otherwise
repealed.
BATAS PAMBANSA
Legislative Acts of the legislature established by virtue of the 1973
Constitution. The Batasang Pambansa was abolished with the assumption of
revolutionary powers by President Corazon C. Aquino and the promulgation of the
1986 Freedom Constitution. However, Article IV of the 1986 Freedom Constitution
recognized the validity of Batas Pambansa unless otherwise repealed or amended.
REPUBLIC ACTS
A Republic Act is a piece of legislation used to create policy in order to carry
out the principles of the Constitution. It is crafted and passed by the Congress of
the Philippines and approved by the President of Philippines. It can only be
repealed by a similar act of Congress.
LEGISLATIVE HISTORY
It began with the unicameral Malolos Congress of the short-lived
Philippine Republic of 1898-1899, followed by the Philippine
Commission of 1901, a colonial legislative system composed of allAmerican appointees. This body then evolved into a bicameral,
predominantly elective, Filipino-controlled legislature by virtue of the
Jones Act of 1916, and lasted until November 1935 when the semiindependent Commonwealth Government was inaugurated. A
unicameral National Assembly replaced the bicameral body after the
1935 Philippine Constitution was ratified. In 1941, the Constitution was
amended, again restoring the bicameral legislature that came to be
called the Congress of the Philippines.
Except during the Japanese-sponsored Philippine Republic from 19421945, the Congress functioned as the national legislature until
September 1972 when President Ferdinand E. Marcos placed the
country under martial law.
The new Congress has the biggest membership and is probably the
most powerful among its predecessor legislatures. The Constitutional
Commission (ConCom) clothed it with vast powers to perform a wider
and more dynamic role.
The new bicameral Congress consists of the Senate and the House of
Representatives. The upper chamber or the Senate is composed of 24
Members elected at-large by the qualified voters of the Philippines. On
the other hand, the lower chamber or the House of Representatives is
composed of
"not more than 250 Members, who are elected from legislative
districts apportioned among the provinces, cities and the Metropolitan
Manila area in accordance with the number of inhabitants, and on the
basis of a uniform and progressive ratio and those, as provided by law,
elected through a party-list system of registered national, regional and
sectoral parties or organizations". [Sec. 5(1), Art. VI, 1987 Philippine
Constitution]
INTERPRETATION OR CONSTRUCTION:
Requirement of Publication
Administrative Regulations that MUST be published:
-Interpretative regulations
-Internal rules and regulations governing the personnel of
the administrative agency.
-Letters of instruction issued by administrative superiors
concerning guidelines to be followed by their subordinates.
COURT RULES
These are promulgated by the Supreme Court,
governing practice pleadings and procedures before all
tribunals. These rules have the force and effect of law if
they are not in conflict with positive or substantive laws.
These rules shall be liberally construed in order to
promote their object and to assist the parties in
obtaining just, speedy, inexpensive determination of
every action and proceeding (Sec. 2, 1984 edition of the
Rules of Court)
Legislative Rules
PRESIDENTIAL ISSUANCES
Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or
statutory powers shall be promulgated in executive orders.
Acts of the Chief Executive of the Philippines, whether in the
exercise of the executive power or broader powers conferred by
emergency or at particular periods.
The power of the President of thePhilippinesto issue executive and
administrative orders and proclamations is based on Article VII,
Section 17: The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be
faithfully executed of the Constitution. These orders have the force
and effect of laws and are secured of rights, duties and obligations
orders,
Municipal Legislation
The law specific to a particular
city or municipality. This can
cover a wide range of issues,
including everything from police
powerzoning
, education policies, and property
taxes.
Municipal Charter
It is the basic document that defines
the organization, powers, functions
and essential procedures of a
municipality/city. It is comparable to
the Constitution. The charter is,
therefore, the most important legal
document of any municipality/city.
HOW A BILL
BECOMES A LAW
Engrossed Bill
a bill printed or written in the final form
in which it is presented for the third
reading in a house or chamber of a
legislative body
Enrolled Bill
- The bill as passed by Congress authenticated by
the Speaker and Senate President and approved
by the President
- The copy of a bill in the form in which it is
passed in the legislature including all changes
introduced before enactment that is kept as
evidence of the law