AGPALO 2009

Chapter I

STATUTES
A. IN GENERAL 1.01. Laws, generally.
JURAL AND GENERIC SENSE refers to the whole body or system of law. JURAL AND CONRETE SENSE law means a rule of conduct formulated and made obligatory by legitimate power. [JURAL adj. Of or relating to law or to legal rights and obligations] TYPES OF STATUTES: P-O-O-L-E-R-S Enacted by Legislature Presidential Decrees Executive Orders Other Presidential Issuance Supreme Court Rulings Rules and Regulations by administrative and executive officers Ordinances

E. Operation Declaratory Curative Mandatory Directory Substantive Remedial Penal

1.05 Manner of referring to statutes. By its title e.g Violence Against Women, Anti-hazing Law, etc. By the respective authorities
P.A. - Public Acts Philippine Legislature (1901 1935) C.A. - Commonwealth Act Commonwealth (1936 1946) R.A. - Republic Acts Congress (1946 1973; 1987 onwards) B.P. - Batas Pambansa Batasang Pambansa P.D. - Presidential Decrees Presidents legislative power E.O. Executive Orders ditto

1.02 Status, generally.

STATUTE is an act of the legislature as on organized body, expressed in the form, and passed according to the procedure, required to constitute it as part of the law of the land. STATUTES PASSED BY LEGISLATURE: B-C-P-P-P Philippine Commission Philippine Legislature Batasang Pambansa Congress of the Philippines Presidential Decrees during the Martial Law

B. ENACTMENT OF STATUTES 1.07. Legislative power of Congress.

ART VI. Sec. 1 of the Constitution states: 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. LEGISLATIVE POWER IS THE POWER TO MAKE, ALTER AND REPEAL LAWS Legislative Power power to enact laws Executive Power power to execute laws Judicial Power power to interpret and apply the laws Provisions of the Constitution: Self-Executing may not prevent Congress from enacting further laws to enforce the constitutional provisions within their confines; Non-Self-Executing require Congress to enact enabling legislations.

CLASSIFICATIONS OF STATUES: C-A-S-E-D A. Scope Public Statute is one which affects the public at large. Private Statute is one which applies only to a specific person or subject. B. Coverage (L-S-G) la salle greenhills General Law is one which applies to the whole state upon all people or all of a class. Special Law is one which relates to particular persons or things of a class or to a particular community, individual or thing. Local Law is one whose operation is confined to a specific place or locality. C. Duration Permanent is one whose operation is not limited in duration but continues until repealed. Temporary is a statute whose duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of event. (e.g. Emergency Law it ends upon the cessation of the emergency) D. Application Prospective (alam mo na dapat meaning nito) Reactive (ditto)

1.08 Procedural requirements in enacting a law.

A LAW MAY NOT BE DECLARED UNCONSTITUTIONAL WHEN WHAT HAS BEEN VIOLATED IN ITS PASSAGE ARE MERELY INTERNAL RULES OF PROCEDURE OF THE HOUSE. Bills that may originate exclusively from the House of Representatives: Private bills Tax bills Appropriation bills Tariff bills Increase of Public debt Bills of local application

Statutory Construction [San Beda College Alabang]

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AGPALO 2009
- a bill may be into law ONLY in the manner the Constitution requires and in accordance with the procedure therein provided. - courts have no power to inquire into allegations that, in enacting a law, a House of Congress failed to comply with its own rules, in the absence of a showing that there was a violation in the constitution or the rights of an individual. - revocation or modification of procedural rules lies within the legislature.

C. PARTS OF STATUTES
P-R-E-S-T-E-P before it becomes a law 1. Preamble A preamble is a prefatory statement or explanation, reciting the purpose, reason, or occasion for making the law to which it is prefixed. 2. Title of the statute S-H-E-R-P a. Purpose, to prevent: S-Ho-Ri - hodgepodge (disorderly mass of mess) or log-rolling; - surprise or fraud upon the legislature; - rider provisions (provisions that are not germane to the title). b. Subject of repeal of statute - repeal is the effect, not the subject of the statute c. How requirement of title construed - Where there is doubt it should be resolved in favour of the constitutionality of the statute. d. When Requirement is not applicable - A bill shall embrace only one subject Rule: One title, one subject e. Effect of insufficiency of title - 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. 3. Enacting clause 4. 5. 6. 7. Purview or body of statute Separability clause Repealing clause Effectivity clause

1.09 Steps in the passage of a bill to law. 1-2-3-C-A-P

- Origin either house, except those stated above a) FIRST READING - the Secretary reports the bill for first reading. - reading of number and title only - referred to corresponding committee - committee amends the bill - recommendation in the Calendar for Second Reading b) SECOND READING - the bill is read in full with committees amendment proposals (reading may not be done if copies where distributed) - the bill is debated upon and amended - voting for the passage - included in the Calendar for Third Reading c) THIRD READING - the bill is read in full with the chambers amendments - voting by yeas and nays - the bill is passed to the other chamber note: the readings must be done in separate days UNLESS there is the urgency to pass it immediately in the event of a calamity or emergency. d) CONFERENCE COMMITTEE - the bill is concurred it goes through another three readings similar to the preceding steps - if there are no amendments the bill is passed and transmitted to the president for action - if there are amendments, the differences will be settled by Conference Committees of both chambers. - The committee makes recommendations and proposed to the Congress - After approval of recommendations the bill is passed and sent the president for action. THREE VERSIONS OF THE BILL 1. That of the House of Representatives 2. That of the Senate 3. That of the Conference Committee If both houses approves the recommendations of the Conference Committee, it is their version of the bill which will be passed to the president. e) AUTHENTICATION OF BILLS - Speaker of the House and the Senate President signs the bill - Respective Secretaries certify the bill - Sent to the president. f) PRESIDENTS APPROVAL - The president approves the bill or; - The president vetos the bill and is returned to the originating chamber with the objections or; - If there is inaction, after 30 days, the bill is considered a law If in the case the president vetos the bill, the originating house proceeds to reconsider the objections. By two-thirds vote of the bill is passed to the other house together with the reconsideration and objections. By another two-thirds vote of approval of the second house, the bill becomes a law.

Statutory Construction [San Beda College Alabang]

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