STATCON NOTES
STATUTES
Law - refers to the whole body or system of 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.1
Classification:
According to scope:
1. Public- affects the public at large or the whole community.
a. General- applies to the whole state and operates upon all people or all class; does not omit any subject or place
b. Special- relates to a particular persons or things or class or to a particular community
c. Local- confined to a specific place or community
2. Private- applies to a specific person or subject
According to duration:
1. Permanent- operation is not limited in duration but continues until repealed
2. Temporary- duration is for a limited period; ceases upon the happening of an event for which it was passed
Manner of referring the Statutes:
Statute passed by the legislature are consecutively numbered and identified by the respective authorities that enacted them.
Statutes that by the Philippine Commission and Philippine Legislature from 1901 to 1935 are identified as Public Acts. The laws
enacted during the Commonwealth from 1936 to 1946 are referred to as Commonwealth Act while those passed by the
Congress of the Philippines from 1946 to 1972 and from 1987 under the 1987 Constitution are known as Republic Acts.
Presidential decrees and Executive Orders are issued by the President in the exercise of his legislative power. Aside from
serial numbers, a statute may also referred by its title.
Manner of referring:
1. Public Act- passed by Philippine Commission and Philippine Legislature (1901-1935)
2. Commonwealth Act- passed during the Commonwealth (1936-1946)
3. Republic Act- passed by Congress of the Philippines (1946-1972;1987-present)
4. Batas Pambansa- passed by Batasang Pambansa
Enacting statutes
Legislative power- (Art. VI, Sec 1) The legislative power shall be vested in the Congress of the Philippines which shall consist
of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and
referendum authority to make laws, and to alter and repeal them
Note: *This is held by the people, in their original, sovereign and unlimited power. But they have vested
it in the Congress of the Philippines.
Note:
Legislative Power - the power to enact laws (Congress)
Executive Powers - the power to execute the laws (President)
Judicial Power - to interpret and apply the law (Supreme Court)
Steps in the Passage of Bill into Law:
Q: How bill become a law? (the process)
A: A bill is introduced by any member of the Congress, signed by the authors and filed with the Secretary of the House. The
Secretary reports the bill for first reading. After the first reading, the bill is referred by the Speaker to the appropriate committee
for study. Upon favorable action by the committee, the bill is returned to the National Assembly and shall be calendared for the
second reading. After the second reading, the bill is set for open debates where members of the assembly may propose
amendments and insertions to the proposed bill. After the approval of the bill in its second reading the bill is printed in its final
form and copies and distributed to each of the members. The bill is then calendared for its third reading and final reading. At
this stage no amendment shall be allowed. After the third reading and final reading at one house where the bill originated, it will
go to the other house where it will undergo the same process. After the bill has been passed it will be submitted to the President
for approval. If he disapproves, he shall veto it and return it to the House where it originated. When the vetoed bill is repassed by
Congress and if approved by two-thirds vote of all its Members, each House voting separately, it shall become a law. Then it shall
be publish in the official Gazette for circulation in order for the people to have knowledge of that law. After 15 days following the
completion of the publicationin in the official Gazette or newspaper the law will take effect.
Q: When a bill becomes a law?
A: A bill becomes a law when the President signs it, when the President does not sign nor communicate his veto of the bill within
30 days after his receipt and when the vetoed bill is repassed by Congress by two-thirds vote of all its Members, each House
voting separately, the bill becomes a law. Laws shall take effect after fifteen days following the completion of their publication
either in the Official Gazette or in a newspaper of general circulation in the Philippines.
Manner of computing time:
When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days
each; months, of
thirty days; days, of twenty-four hours; and nights from sunset to sunrise.
If months are designated by their name, they shall be computed by the number of days which they respectively have.
In computing a period, the first day shall be excluded, and the last day included.33
Exception: Computation of the prescription of a crime. If the last fell on a Sunday or a legal holiday, a charge cannot be filed on
the next
working day since it shall be considered prescribed.
Enrolled bill- the bill as passed by Congress, authenticated by the House Speaker and Senate President and approved by the
President
Rule: The text of the act as passed and approved is deemed importing absolute verity and is binding on the courts. If there has
been any mistake in the printing of the bill before it was certified, the remedy is by amendment by enacting a curative legislation
and not a judicial decree.10
Presumption: It carries on its face a solemn assurance by the legislative and executive departments of the government that it
was passed by the
assembly. Hence, the respect due to coequal and independent departments requires the judiciary to act upon that assurance and
to accept all bills duly authenticated
Authentication of bills:
The lawmaking process in Congress ends when the bill is approved by the body. It is this approval that is indispensable to the
validity of the bill. Before an approved is sent to the President for his consideration as required by the Constitution, 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 to him has been duly approved by the legislature and is ready for his approval or rejection.
Parts of Statute:
a. Preamble - Prefatory statement or explanation or finding of facts, reciting the purpose, reason, or occasion for making the
law.
- Usually found after the enacting clause and before the body in presidential decrees and executive orders
- Legislature seldom puts this because the reason for the law is contained in its explanatory note.
Q: Is Preamble essential part of every Statute?
A: No. The reason for this is that the statement embodying the purpose, reason or occasion for the enactment of the
law is contained in its explanatory note.
Q: What is the purpose of Preamble in the Presidential Decree?
A: Presidential Decrees and Executive Orders have preambles. The purpose of it is that no better place than in the
preamble can the reason and purpose of the decree be stated. Preambles thus play an important role the the
construction of Presideential Decrees.
b. Title - Part of the statute which gives a general statement of, and calls attention to the subject matter of an act, so that
legislators and the public may be apprised of the subject matter of the legislation, and be put upon inquiry in regard
thereto.
Q: CAN A BILL EMBRACE MORE THAN ONE SUBJECT?
A: Bill must embrace only one subject expressed in its title (SECTION 26 (1) ARTICLE VI.)
- But must not be an index to, or be an exhaustive catalogue of the body of the act as to cover every single detail
- It is enough that the title indicates the general subject, and reasonably covers all provisions of the act and not
calculated to mislead the public
Reasons/Purpose:
- Prevent hodgepodge or log-rolling legislation
- Prevent fraud and surprise through introduction of provisions not germane to the statute (which have not received
notice, action and study of the legislators)
- Language that must be sufficient to notify the legislators and the public
- Title serves as guide to ascertain legislative intent
How construed:
- Should be liberally construed
- Not be given technical interpretation nor narrowly construed to cripple or impede the power of the legislature
- If there is doubt, it should be resolved in favour of the one title-one subject (presumption of constitutionality)
- Legislature seldom puts this because the reason for the law is contained in its explanatory note
Note: The TITLE may clarify doubt or ambiguity in the meaning and scope of a statute and limiting the statute to only
one subject and expressing it in its title will strengthen its function as an intrinsic aid to statutory construction.
Q: What is the effect of insufficiency of title? If title of statutes violates the Constitutional Requirement?
A: A statute whose title does not conform to the constitutional requirement or is not related in any manner to its subject
is null and void. However, the subject matter of a statute 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 others, in which case the nullity of the former vitiates the latter.
A: Statutes passed whose title is in violation or does not conform to the constitutional requirement or is not related in
any manner to its subject shall be declared null and void by the courts.
Q: When title requirement not applicable?
A: Does not apply to laws in force and existing at the time of the 1935 constitution took effect.
Q: IS THE SAID REQUIREMENT APPLICABLE TO ORDINANCES OF DIFFERENT COUNCILS (MUNICIPAL, CITY,
PROVINCIAL?
A: No. It is not applicable to said ordinances because they are not laws enacted by Congress, Section 26(1), Article VI
of the Constitution mentions "Congress" only, thus: "Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title hereof."
c. Enacting Clause - Part written immediately after the title
- States the authority by which the act is enacted
- Contains the phrases, “Be it enacted by...” or “Now, therefore, I... by virtue of the powers in me vested by
the Constitution, do hereby decree...”
d. Purview/Body of the Statute - tells what the law is all about
- Should embrace one subject matter
- The provisions, although different and diverse, must be allied and germane to the subject and purpose of
the bill
- Usually divided into sections (numbered and contains a single proposition)
- Usually includes a short title, policy, definition, administrative sections, sections prescribing standards of
conduct, imposing sanctions for violations of its provisions, transitory provisions.
e. Separability Clause - States that if any provision is declared invalid, the remainder shall not be affected
Presumption: Legislature intended a statute to be effective as a whole and would not have passed it had it foreseen
that some part of it is invalid.
Exception: Where provisions cannot stand alone as to those left, after the void part, is not complete and workable
f. Repealing Clause
g. Effectivity Clause - When the law takes effect
- Usually 15 days from the publication in the Official Gazette or in a newspaper of general circulation
Q: What is publication?
A: Publication is the circulation of something for the general public to inspect or scrutinize. It means to convey
knowledge or give notice.
Publication must be in full or it is no publication at all since its purpose is to inform the public of
the contents of the laws.
Q: When shall laws take effect? (Sec. 2 NCC)
A: Laws shall take effect fifteen days following the completion of their publication either in the Official
Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. The
phrase unless otherwise provided refers to the date of the effectivity not on the indispensability of the
publication requirement. Stated otherwise, a law will never take effect unless it is published. No rights can
accrue, and no obligations can be imposed in an unpublished law basically because of the due process
clause. (Related discussion: Article 3 NCC). The case of TAÑADA vs TUVERA is the leading case on this.
The Court has ruled that publication in the Official Gazette is necessary in those cases where the
legislation itself does not provide for its effectivity date-for then the date of publication is material for
determining its date of effectivity, which is the fifteenth day following its publication-but not when the law
itself provides for the date when it goes into effect.
The clear object of the above-quoted provision is to give the general public adequate notice of the various
laws which are to regulate their actions and conduct as citizens. Without such notice and publication, there
would be no basis for the application of the maxim "ignorantia legis non excusat." It would be the height of
injustice to punish or otherwise burden a citizen for the transgression of a law of which he had no notice
whatsoever, not even a constructive one.
Q: Will the law be effective on the day of its effectivity as provided for in the law itself?
Answer: No, publication is a must before the law will take effect. The Civil Code provides that laws shall
take effect after fifteen days following the completion of their publication in the official gazette, unless it is
otherwise provided. The phrase “unless otherwise provided” refers to date the effectivity not the
indispensability of the publication. In others words, before a law will be effective, it has to be published first
in the Official Gazette.
Q: Where is the publication to be made?
Ans: Official Gazette (now, it’s including newspaper of general circulation)
Q: When is the publication to be made?
Ans: must be made forthwith or at least as soon as possible
Q: Should Administrative orders be published before it can be effective?
Answer: It should be especially so if it is punitive in character. The AO under consideration is one of those
issuances which should be published for its effectivity since it is punitive in character. Considering
that no publication was ever made, the same shall have no effect or whatsoever thereby making PITC not
subject to such AO.
Answer: null and void for not complying with the publication requirement
Q:. How about policy guidelines, is there a need for publication?
Answer: No need if it is just an interpretative regulation.
Answer: If it seeks to regulate only the personnel of the administrative agency and not the general public.
Q: What is meant by newspaper of general circulation?
A: It is so because it is published for the dissemination of local news and general information, it has a bona
fide subscription list of paying subscribers and it is published at regular intervals.
AIDS TO CONSTUCTION:
Note: Where the meaning of the statute is ambiguous, the courts may avail of itself all legitimate aids to construction to ascertain
the true intent of the legislature.
Intrinsic- found in the printed page of the statute
Extrinsic- extraneous facts and circumstances outside the printed page
a. Title - It may indicate the legislative intent to extend or restrict the scope of the law
- Carries more weight because of the constitutional requirement of one bill-one subject expressed in the title
- An indispensable part of a statute for what may inadequately be omitted in the text may be supplied by its title (City of
Baguio v. Marcos).
- Part of the statute which gives a general statement of, and calls attention to the subject matter of an act, so that
legislators and the public may be apprised of the subject matter of the legislation, and be put upon inquiry in regard
thereto.
Exception: When the text of the statute is clear and free from doubt
Q: CAN A BILL EMBRACE MORE THAN ONE SUBJECT?
A: Bill must embrace only one subject expressed in its title (SECTION 26 (1) ARTICLE VI.)
- But must not be an index to, or be an exhaustive catalogue of the body of the act as to cover every single detail
- It is enough that the title indicates the general subject, and reasonably covers all provisions of the act and not
calculated to mislead the public
Reasons/Purpose:
- Prevent hodgepodge or log-rolling legislation
- Prevent fraud and surprise through introduction of provisions not germane to the statute (which have not received
notice, action and study of the legislators)
- Language that must be sufficient to notify the legislators and the public
- Title serves as guide to ascertain legislative intent
How construed:
- Should be liberally construed
- Not be given technical interpretation nor narrowly construed to cripple or impede the power of the legislature
- If there is doubt, it should be resolved in favour of the one title-one subject (presumption of constitutionality)
- Legislature seldom puts this because the reason for the law is contained in its explanatory note
Note: The TITLE may clarify doubt or ambiguity in the meaning and scope of a statute and limiting the statute to only
one subject and expressing it in its title will strengthen its function as an intrinsic aid to statutory construction.
Q: What is the effect of insufficiency of title? If title of statutes violates the Constitutional Requirement?
A: A statute whose title does not conform to the constitutional requirement or is not related in any manner to its subject
is null and void. However, the subject matter of a statute 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 others, in which case the nullity of the former vitiates the latter.
A: Statutes passed whose title is in violation or does not conform to the constitutional requirement or is not related in
any manner to its subject shall be declared null and void by the courts.
Q: When title requirement not applicable?
A: Does not apply to laws in force and existing at the time of the 1935 constitution took effect.
Q: IS THE SAID REQUIREMENT APPLICABLE TO ORDINANCES OF DIFFERENT COUNCILS (MUNICIPAL, CITY,
PROVINCIAL?
A: No. It is not applicable to said ordinances because they are not laws enacted by Congress, Section 26(1), Article VI
of the Constitution mentions "Congress" only, thus: "Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title hereof.
b. Preamble - Part written immediately after the title-“Whereas” clauses
- Although not an essential part of the statute, it is important if there is ambiguity in the meaning since it states the
purpose, reason or justification for the enactment of the law
- Key of the statute- holds the purpose to be achieved, mischief to be remedied, and object to be accomplished
(legislative intent)
- Found only in presidential decrees issued by the president in the exercise of his legislative power since Congress
usually
include an explanatory note
c. Context of the whole text - Best source to ascertain legislative intent is the statute itself- words, phrases, sentences,
sections, clauses, provisions
- Taken as a whole and in relation to another; not from an isolated part or particular provision
d. Punctuation mark - gramatical marks
- Punctuation marks are aids of low degree and can never control against the intelligible meaning of
written words. The reason is that punctuation marks are not part of a statute.
- Where there is, however, an ambiguity in a statute which may be partially or wholly solved by a
punctuation mark, it may be considered in the construction of the statute.
- The semi-colon (;) indicates separation in the relation of the thought., a degree greater than that expressed by a
comma; and what follows a semi-colon must have a relation to the same matter which
precedes it.
- But what follows it should be related to the one preceding it. Although both used for the same purpose, the
semi-colon is more pronounced and is greater in degree than that of a comma (,). Neither is used to
introduce a new idea.
- Comma - used to divide sentences and parts of sentences
- Period (.) is a mark used to indicate the end of the sentence.
- Aids of low degree and can never control against the intelligible meaning of the written words
- Argument based upon these alone is not persuasive
Reason: Punctuation marks are neither a part of the statute nor the English language.
When used: If it gives the statute a meaning which is reasonable and in accord with the will of the legislature
e. Capitalization of letters - Aids of low degree; almost have the same reasons as that of punctuation marks
f. Headnotes of epigraphs - Index to the contents of the provisions in a section
- Headnotes, headings or epigraphs are convenient index to the contents of its provision. They are prefixed
to sections or chapters of statute for ready reference or classification.
- Prefix to a section or chapters of a statute for ready reference
- Not entitled to much weight
Reason: Not part of the statute, they are mere catchwords of references
Exception: When the text of a statute is clear
Note:
Headings or epigraphs are not, however, entitled to much weight, and inferences drawn therefrom are of little value and they can
never control the plain terms of the enacting clauses, for they are not part of the law.
Q: When to use Headnotes/Headings or Epigraphs as to aid to construction?
A: IN CASE OF DOUBT OR AMBIGUITY IN THE MEANING OF THE LAW OR INTENTION OF THE LEGISLATURE.
g. Lingual Text
Q: Is gambling punishable?
A: No if it is for leisure time only. It becomes punishable when it is illegal.
