A.

IN GENERAL
LAW
a. Jural and generic sense: refers to the
whole body or system of law; applicable to
all actions/aspects of creation
b. Jural and concrete sense: law means a rule
of conduct (how we must behave)
formulated (conscious effort) and made
obligatory (no option but follow) by
legitimate power of the state (experience
of presidential decrees)
It includes:
a. Statutes enacted by the legislature
b. Presidential decrees and executive orders
issued by the President
c. Other presidential issuances
d. Rulings of the Supreme Court construing
the law, rules and regulations
promulgated by administrative or
executive offices pursuant to a delegated
power
e. Ordinances passed by sanggunians of LGU
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.
Statutes enacted by the legislature are those
passed by:
a. The Philippine Commission
b. The Philippine Legislature
c. The Batasang Pambansa
d. The Congress of the Philippines
Presidential decrees issued by the President in
the exercise of his legislative power during the
period of martial law under the 1973 Constitution
Executive orders issued by the President in the
exercise of his legislative power during the
revolutionary period under the Freedom
Constitution.
CLASSIFICATION OF STATUTES according to
a. Subject matter (depends on substance
rather than on form)
PUBLIC STATUTE one which affects the
public at large or the whole community
PRIVATE STATUTE one which applies only
to a specific person or subject
b. Scope
General law one which applies to the
whole state and operates throughout the
state alike upon all the people or all of a
class

Special law one which relates to

particular persons or things of a class or to
a particular community, individual or thing
Local law one whose operation is
confined to a specific place or locality
(municipal ordinances)

c. Duration
PERMANENT STATUTE one whose
operation is not limited in duration but
continues until repealed

TEMPORARY STATUTE statute whose

duration is for a limited period of time
fixed in the statute itself or whose life
ceases upon the happening of an event

Manner of referring to statutes

Statutes consecutively numbered and identified
Public Acts 1901 to 1935 Phil.
Commission/Legislature
Commonwealth Acts 1936 to 1946 during
commonwealth
Republic Acts 1946 to 1972 and 1987 -Congress
Batas Pambansa Batasang Pambansa
PDs, EDs serially numbered
Statute may also be referred to by its title
B. ENACTMENT OF STATUTES
1.06 Generally
Generally, the study of StatCon should begin with
how a bill is enacted into law.
1.07 Legislative power of Congress
SECTION 1 OF ARTICLE 6
THE LEGISLATIVE POWER SHALL BE VESTED IN
THE CONGRESS OF THE PHILIPPINES WHICH
SHALL CONSIST OF A SENATE AND A HOUSE OF
REPRESENTATIVVES, EXCEPT TO THE EXTENT
RESERVED TO THE PEOPLE BY THE PROVISION ON
INITIATIVE AND REFERENDUM.
LEGISLATIVE POWER
- The power to make, alter and repeal laws
- Embraces all subjects and extends to
matters of general concern or common
interest
- Vested in the Congress of the Philippines,
consisting of a Senate and a House of
Representatives, not in a particular
chamber, but in both chambers
Initiative for filing revenue, tariff, or tax bills, bills
authorizing an increase of the public debt, private
bills and bills of local application must come from
the HOUSE OF REPRESENTATIVES.

Reason: Elected as they are from the districts, the

members of the House can be expected to be
more sensitive (familiar) to the local needs and
problems
Senators, who are elected as large, are expected
to approach the same problem from the national
perspective.
Legislative Power power to enact laws
Executive Power power to execute the laws
Judicial Power power to interpret and apply the
laws
Legislative power appears to be more extensive
and broad than the executive and judicial powers.
For without a law, the executive has nothing to
execute, and the judiciary has nothing to
interpret and apply.
The legislative power of the Congress is absolute
except to some limitations found in the
Constitution.
The provisions of the Constitution are either selfexecuting or non-self executing (requires
Congress to enact enabling legislations)
1.08 Procedural requirements in enacting a
law, generally
The fundamental law prescribes the basic
procedural requirements for the passage of a bill
into law.
Apart from the basic constitutional requirements,
Congress provides in detail the procedure by
which a bill may be enacted into law.
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 of a
constitutional provision or the rights of private
individuals. These rules are subject to revocation,
modification or waiver at the pleasure of the body
adopting them.
1.09 Steps in the passage of bill into law
BILL
- A proposed legislative measure introduced
by a member or members of Congress for
enactment into law.
- Signed by its authors; purpose:
ownership/authentication
- Filed with the secretary of the house
- It may originate from either the lower or
upper House, except appropriation,
revenue or tariff bill, bills of authorizing
increase of public debt, bills of local
application, and private bills
FIRST READING

-consists of reading the number and title of the

bill, followed by its referral to the appropriate
Committee for study and recommendation
-the Committee may hold public hearings on the
proposed measure and submit(s) its report and
recommendation for Calendar for second reading
SECOND READING
-the bill shall be read in full with the amendments
proposed by the Committee, if any, unless copies
thereof are distributed and such reading is
dispensed with
-the bill will be subject to debates, pertinent
motions, and amendments.
-after the amendments shall have been acted
upon, the bill will be voted on second reading
-a bill approved on second reading shall be
included in the Calendar of bills for third reading.
THIRD READING
-the bill as approved on second reading will be
submitted for final vote by yeas and nays
SECTION 26(2) OF ARTICLE 6
NO BILL PASSED BY EITHER HOUSE SHALL
BECOME A LAW UNLESS IT HAS PASSED THREE
READINGS ON SEPARATE DAYS, AND PRINTED
COPIES THEREOF IN ITS FINAL FORM HAVE BEEN
DISTRIBUTED TO ITS MEMBERS THREE 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 THEREAFTER, AND
THE YEAS AND NAYS ENTERED IN THE JOURNAL.
CONFERENCE COMMITTEE REPORTS
Approved bill on 3rd reading by one house
is transmitted to the other house to follow
the same route
If other house approved the bill without
amendments, the bill will be transmitted
to the President
If other house introduces amendments
and first house does not agree, differences
will be settled by the Conference
committees.
CONFERENCE COMMITTEE
-3rd body of the legislature
-The mechanism for compromising differences
between the -Senate and the House in the
passage of a bill into law
-their report/recommendation must be approved
by both houses before sending to the President
-There is nothing in the Rules which limits a
conference committee to a consideration of
conflicting provisions
-It is within its power to include in its report an
entirely new provision that is not found either in
the House bill or in the Senate bill.

- it is within its power to endorse the bill as it is,

changes omit or insert provisions, entirely new
and substitute bill committee bill, and can kill a
bill
AUTHENTICATION OF BILLS
-The lawmaking process in Congress ends when
the bill is approved by the body
-Before an approved bill is sent to the President, it
must be authenticated:
The signing by the Speaker and the Senate
President of the printed copy of the approved bill,
certified by the respective secretaries of the both
Houses
A bill becomes a law in either of 3 ways:
a. (action) When the President signs it
b. (inaction) When the President does not
sign nor communicate his veto of the bill
within thirty days after his receipt thereof
c. (counteraction) When the vetoed bill is
repassed by Congress by two-thirds vote
of all its Members, each House voting
separately
Partial veto is not allowed except for
appropriations.
C. PARTS OF STATUTES
PARTS
a.
b.
c.
d.
e.
f.
g.

OF STATUTES
Preamble
Title of Statute
Enacting clause
Purview or body of statute
Separability clause
Repealing Clause
Effectivity Clause

PREAMBLE
-A prefatory statement or explanation or a finding
of facts, reciting the purpose, reason, or occasion
for making the law to which it is prefixed
-Usually found after the enacting clause and
before the body of the law
-The legislature seldom puts a preamble to a
statute it enacts into law
Reason: the statement embodying the purpose,
reason, or occasion for the enactment of the law
is contained in its explanatory note
-Plays an important role in the construction of
PDs
TITLE OF STATUTE
SECTION 26(1) OF ARTICLE 6
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.

Limitations:
a. The legislature is to refrain from
conglomeration, under one statute, of
heterogeneous subjects.
b. The title of the bill is to be couched in a
language sufficient to notify the legislators
and the public and those concerned of the
import of the single subject thereof.
Principal purpose of title requirement: to apprise
the legislators of the object, nature and scope of
the provisions of the bill, and to prevent the
enactment into law of matters which have not
received the notice, action and study of the
legislators
Aims of the requirement:
a. To prevent hodgepodge or log-rolling
legislation
b. To prevent surprise or fraud upon the
legislature, by means of provisions in bills
of which the title gave no information, and
which might therefore be overlooked and
carelessly and unintentionally adopted
c. To fairly apprise the people, through such
publication of legislative proceedings
d. The title of a statute is used as a guide in
ascertaining legislative intent when the
language of the act does not clearly
express its purpose
ONE TITLE-ONE SUBJECT rule
-does not require the Congress to employ in the
title of the enactment, language of such precision
as to mirror, fully index or catalogue all the
contents and the minute details therein
-the rule is sufficiently complied with if the title is
comprehensive enough as to include the general
object which the statute seeks to effect, and
where the persons interested are informed or the
nature, scope and consequences of the proposed
law and its operation
How requirement of title construed:
-the title of a bill should be liberally construed; it
should not be given a technical interpretation;
nor should it be so narrowly construed as to
cripple or impede the power of legislation
-provisions (though not expressed in the title) are
germane to the subject matter
Subject of repeal of statute:
-the repeal of a statute on a given subject is
properly connected with the subject matter of a
new statute on the same subject
-repealing section in the new statute is valid
When requirement not applicable:
It does not apply to laws in force and existing at
the time the 1935 Constitution took effect

Effect of insufficiency of title:

-null and void
-if some parts arent expressed, those parts are
void. Rest=enforceable, inseparable=null
ENACTING CLAUSE
That part of a statute written immediately after
the title thereof which states the authority by
which the act is enacted
Example:
a. Phil Commission: By the authority of the
President of the US, be it enacted by the
US Phil Commission.
b. Phil Legislature: By authority of the US,
be it enacted by the Phil Legislature.
c. When PL became bicameral: Be it
enacted by the Senate and House of
Representatives of the Phil in legislature
assembled and by authority of the same
d. Commonwealth: Be it enacted by the
National Assembly of the Philippines
e. When CW became bicameral (1946-1972,
1987-present) Be it enacted by the
Senate and House of Representatives in
Congress assembled.
f. PD: Now, therefore, I ______ President of
the Phil, by the powers vested in me by
the Constitution do hereby decree as
follows:
g. EO: Now, therefore, I ___, hereby order.
PURVIEW OR BODY OF STATUTE
-heart and soul of statute
-that part which tells what the law is all about
-should embrace only one subject matter
Complied : where the provisions thereof, no
matter how diverse they may be, are allied and
germane to the subject and purpose of the bill or,
negatively stated, where the provisions are not
inconsistent with, but in furtherance of, the single
subject matter
-legislative practice in writing a statute: divide an
act into sections, each of which is numbered and
contains a single proposition
SEPARABILITY CLAUSE
That part of a statute which states that if any
provision of the act is declared invalid, the
remainder shall not be affected thereby (in force
and in effect)
*not controlling and the courts may invalidate the
whole statute where what is left, after the void
part, is not complete and workable
Presumption: the 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
-indispensable
-partial constitutionality; partial
unconstitutionality

REPEALING CLAUSE
The repeal is not a legislative declaration finding
the earlier law unconstitutional. This power is
with the courts, not with the legislature.
a. Total repeal rendered revoked
completely
b. Partial repeal leaves the unaffected
portions in force
c. Express repeal a declaration in a statute,
usually in its repealing clause, that a
particular and specific law, identified by its
number of title, is repealed
d. Implied repeal an irreconcilable and
inconsistency exist in the terms of new
and old laws
EFFECTIVITY CLAUSE
The provision when the law take effect
Usually, it shall take effect 15 days from
publication in the Official Gazette or in a
newspaper of general circulation
ARTICLE 2 OF CIVIL CODE
LAWS SHALL TAKE EFFECT AFTE FIFTEEN DAYS
FOLLOWING THE COMPLETION OF THEIR
PUBLICATION EITHER IN THE OFFICIAL GAZETTE
OR IN A NEWSPAPER OF GENERAL CIRCULATION,
UNLESS OTHERWISE PROVIDED.

1.11 Meaning of certain bills originating

from lower House
SECTION 24
ALL APPROPRIATION, REVENUE OR TARIFF BILLS,
BILLS AUTHORIZING INCREASE OF THE PUBLIC
DEBT, BILLS OF LOCAL APPLICATION, AND
PRIVATE BILLS, SHALL ORIGINATE EXCLUSIVELY IN
THE HOUSE OF REPRESENTATIVES, BUT THE
SENATE MAY PROPOSE OR CONCUR WITH
AMENDMENTS.
The initiative must come from the House of
Representatives. A bill may undergo extensive
changes in the Senate, with its power to propose
or concur with amendments, that the result may
be a re-writing of the whole.
The provision does not prohibit the filing in the
Senate of substitute in anticipation of its receipt
of the bill from the House, so long as action by
the Senate as a body is withheld pending receipt
of the House bill.
D. ISSUANCES, RULES AND ORDINANCES
PRESIDENTIAL ISSUANCES
-those which the President issues in the exercise
of his ordinance power

-include executive orders, administrative orders,

proclamations, memorandum orders,
memorandum circulars, and general or special
orders
-have the force and effect of laws
Sec 2 Executive Orders 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
Sec 3 Administrative Orders Acts of the
President which relate to particular aspect of
governmental operations in pursuance of his
duties as administrative head shall be
promulgated in administrative orders
Sec 4 Proclamations Acts of the President fixing
a date or declaring a status or condition of public
moment or interest, upon the existence of which
the operation of a specific law or regulation is
made to depend, shall be promulgated in
proclamations which shall have the force of an
executive order
Sec 5 Memorandum Orders Acts of the President
on matters of administrative detail or of
subordinate or temporary interest which only
concern a particular officer or office of the
Government shall be embodied in memorandum
orders
Sec 6 Memorandum circulars Acts of the
President 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, for information or compliance, shall
be embodied in memorandum circulars
Sec 7 General or Special Orders Acts and
commands of the President in his capacity as
Commander-in-Chief of the Armed Forces of the
Philippines shall be issued as general or special
orders
The line that delineates legislative and executive
power is not indistinct.

Executive power is the power of carrying the laws

into practical operation and enforcing their due
observance.
Administrative power is concerned with the work
of applying policies and enforcing orders
- Must be in harmony with the law
- Should be for the sole purpose of
implementing the law and carrying out the
legislative policy
ADMINISTRATIVE RULES AND REGULATIONS
-have the force and effect of law
Requirements:
a. Rules should be germane to the objects
and purposes of the law
b. The rules be not in contradiction with, but
conform to, the standards that the law
prescribes
c. They be for the sole purpose of carrying
into effect the general provisions of the
law.
The law itself cannot be extended, nor its terms
and provisions restricted.
The rule-making power of a public administrative
agency is a delegated legislative power.
It may not use the power to bridge the
authority to enlarge its power beyond the
scope intended.
It may not issue rules and regulations
which are inconsistent with the provisions
of the Constitution or a statute
Law must essentially
a. Be complete in itself it must set forth
therein the policy to be executed, carried
out or implemented by the delegate
b. Fix a standard the limits of which are
sufficiently determinate of determinableto which the delegate must conform in the
performance of his functions
Adequate standards: simplicity and
dignity, public interest, public welfare,
interests of law and order, justice and
equity and substantial merit of the case,
and adequate and efficient instruction

The grant of legislative power to Congress is

broad, general and comprehensive.

The details and the manner carrying out the law

are often times left to the administrative agency
entrusted with its enforcement.

Legislative power embraces all subjects and

extends to matters of general concern or
common interest.

A statutory grant of powers should not be

extended by implication beyond what may be
necessary for their just and reasonable execution.

The President executes the laws. (Chief

Executive)

Requisites for Administrative Issuance to be valid:

a. Its promulgation must be authorized by
the legislature
b. It must be promulgated in accordance with
the prescribed procedure

c. It must be within the scope of the

authority given by the legislature
d. It must be reasonable

Administrative rules and regulations are not

immune from judicial review

Rules of Court product of the rule-making power

of the SC
- Has the power to repeal procedural rules
- No power to promulgate rules substantive
in nature

Legislature may enact laws which are

a. Substantial rules affects/takes away
vested rights
Example: right to appeal
b. Procedural rules it operates as a means
of implementing an existing right
Example: where to prosecute an appeal or
transferring the venue of appeal
ADMINISTRATIVE RULE AND INTERPRETATION
Rule with the force and effect of a valid law
- Binding on the courts, even if they are not
in agreement with the policy stated
therein or with its innate wisdom
Interpretation opinion, gives a statement of
policy
-merely advisory, for it is the courts that finally
determine what the law means
Administrative construction not necessarily
binding upon the courts; it may be set aside by
judicial department if there is an error of law, or
abuse of power or lack of jurisdiction or grave
abuse of discretion
LEGISLATIVE POWER OF LOCAL GOVERNMENT
UNITS (LGUs)
- Power of local legislative bodies to enact
ordinances
- Consisting of : BO, MO, CO, and PO
- Requirements:
a. Must not contravene the Constitution
or any statute
b. Must not be unfair or oppressive
c. Must not be partial or discriminatory
d. Must not prohibit, but may regulate
trade
e. Must be general and consistent with
public policy
f. Must not be unreasonable
BARANGAY ORDINANCE
- Smallest legislative body: sangguniang
barangay
- May pass an ordinance affecting a
barangay by majority vote of all its
members
A barangay ordinance is subject to review
by sangguniang bayan/panglungsod to

determine whether it is consistent with

law or with municipal or city ordinance
SP/SB shall take action within 30 days
from submission
No action: the ordinance will be presumed
consistent with law or municipal or city
ordinance and shall be deemed approved
If inconsistent: return to SB concerned for
adjustment, amendment, or modification
Effectivity of the ordinance is suspended

MUNICIPAL ORDINANCE
Power to enact municipal ordinance:
SBayan
Affirmative vote of a majority of the
members of SB present and voting, there
being a quorum, shall be necessary for the
passage of any ordinance
Ordinance submitted to the municipal
mayor
o Return: within 10 days either with
is approval or veto
o Does not return: shall be deemed
approved
o Two-thirds vote of all members to
override veto
Approved: submitted to SPanlalawigan for
review
SP within 30 days from receipt invalidate
ordinance in whole or in part, and his
action shall be final
SP does not take action within 30 days,
ordinance shall be presumed consisting
with law and valid
CITY ORDINANCE
- Power to pass city ordinance: SPanlungsod
- Affirmate vote of a majority of the
members present and there being a
quorum, shall be necessary for the
passage of any ordinance
- Submit to city mayor: within 10 days, shall
return it with his approval or veto; if he
does not return it, it shall be deemed
approved
- Approved: submitted to SPanlalawigan for
review which shall take action within 30
days, otherwise, it will be deemed valid
PROVINCIAL ORDINANCE
- Legislative body: SPanlalawigan
- Forwarded to Governor who, within 15
days from receipt, shall return it with his
approval or veto; if he does not return it, it
shall be deemed approved
- May be repassed by SPanlalawigan by a
two-thirds vote of all its members
PRESIDENTIAL ISSUANCES
ISSUANCES Those which the President issues in
the exercise of his ordinance power

LIMITED
TO

ORDINANC
E POWER
LEGAL
BASIS
EXECUTIVE
POWER
LEGAL
BASIS

Executive Power
Administrative Order
Proclamations
Memorandum Order
Memorandum Circular
General or Special Order
Right of the President to run the
executive branch and issue orders
Chap 2, Book III, EO 292 (Adm Code
of 1987) Ordinance Power
Authority to execute or implement
laws
Sec 17, Art VII, 1987 Constitution
The President shall have control of
all the executive departments,
bureaus, and offices. He shall
ensure that the laws be faithfully
executed.

AUTHORIZED PRESIDENTIAL ISSUANCES

Executive
Provides for rules of general or
order
permanent character in the
implementation of constitutional
or statutory powers
Administrat Refers to particular aspect of
ive order
governmental operations in
pursuance of duties of the
president as administrative
head
Proclamatio Fixes a date or declares status
n
or condition of public moment
or interest, upon the existence of
which the operation of specific law
or regulation is made to depend
Memorand
Refers to matters of
um Order
administrative detail which only
concern particular officer or
office of the government
Memorand
Relates to internal
um Circular administration, which the
President desires to bring to
attention of agencies of the
government for information or
compliance
General or
Acts and commands of the
Special
President as Commander-in-Chief
Order
of the AFP
ILLUSTRATIVE
David vs.
Arroyo
GR No.
171396
May 3, 2006

CASES
FACTS: On Feb 24, 2006 PGMA
issued:
1. PP1017 commanding AFP to
maintain law and order and
to enforce obedience to all
laws and decrees
promulgated by me personally
or upon my direction, and
declaring State of National
Emergency;
2. GO No. 5 calling upon AFP

and PNP to prevent and

suppress acts of terrorism and
lawless violence in the country.
Randolf David, arrested without
warrant during dispersal
operations, assails PP 1017 on the
ground that it encroaches on the
emergency powers of Congress
HELD: PP1017 is
unconstitutional. It constitutes
call by the president for AFP to
prevent or suppress lawless
violence under Art VII, Section 18.
However, provisions giving the
president power to issue
decrees are unconstitutional.
GO No. 5 is constitutional. It
provides standard by which AFP
and PNP should implement
PP1017.
CASE ON PRESIDENTIAL ISSUANCES
Ople vs.
FACTS: In 1996 Pres FVR issued:
Torres
AO 308 (Adoption of National
GR No.
Computerized Identification
127686
Reference System)
July 23,
Sen. Blas Ople assails its
1998
constitutionality on the ground that
it is:
1. Usurpation of power of
Congress to legislate AO 308
is not a mere administrative
order but a law and hence,
beyond the power of the
President to issue
ES Ruben Torres maintains that
AO 308 was issued within the
executive and administrative
powers of the President.
HELD: AO 308 is
unconstitutional. It does not
merely implement the Adm. Code
of 1987. It deals with a subject that
should be covered by law (National
ID System). Under said AO, citizen
cannot transact business with
government agencies delivering
basic services without the
contemplated ID. No citizen will
refuse to get this ID for no one can
avoid dealing with government.
SEPARATION OF POWERS
RULE
LEGISLATURE enactment of laws
and may not enforce or apply them
EXECUTIVE enforcement of laws
and may not enact or apply them
JUDICIARY application of laws and

BASIS
PURPOSE
INTERDEPENDEN
CE

may not enact or enforce them

1. Feature of republicanism
2. Actual distribution of powers
Prevent concentration of powers
Pursuit of common objectives

NON-DELEGATION OF POWERS
RULE
Potestas delegata non delegari
potest
BASIS
Such delegated power constitutes
not only a right but a duty to be
performed by the delegate through
the instrumentality of his own
judgment and not through the
intervening mind of another
VIOLATION
Further delegation constitutes
negation of duty
KMU vs.
FACTS: LTFRB issued Circular
Garcia
allowing provincial bus operators to
239 scra
increase or decrease prescribed
386
fare without first having filed
petition for the purpose and
without benefit of public hearing.
By virtue thereof, PBOAP
announced fare increase. KMU
opposed the move and assailed the
Circular as unconstitutional.
HELD: Congress delegated to
LTFRB the power of fixing rates of
public services under EO 202.
Nowhere under said law is
LTFRB authorized to delegate
that power to transport
operators. The authority given by
LTFRB to provincial bus operators
to set fare range is tantamount to
an undue delegation of
legislative authority.
PERMISSIBLE
Delegation
of tariff
powers to
the
President

Delegation
of
emergency
powers to
the
President
Delegation
to the

DELEGATION
Sec 28(2) Art VI: Congress may by
law authorize the President to fix
within specified limits, and subject
to such limitations and restrictions
as it may impose, tariff rates,
import and export quotas, tonnage
and wharfage dues, and other
duties or imposts
Sec 23(2) Art VI: In times of war or
other national emergency,
Congress may by law authorize the
President, for a limited period and
subject to such restrictions as it
may prescribe, to exercise powers
necessary and proper to carry out
a declared national policy.
Sec 2 Art XVII: Amendments to this
Constitution may likewise be

people at
large
Delegation
to local
government
s
Delegation
to
administrati
ve bodies

directly proposed by the people

through initiative upon a petition of
at least twelve per centum of the
total number of registered voters
Sec 3 Art X: Congress shall enact a
local government code which shall
provide for a more responsive and
accountable local government
structure instituted through a
system of decentralization
By legislative act authorizing it to
promulgate rules and regulations
OR
By implication adopt rules and
regulations deemed necessary to
the efficient exercise of the powers
expressly granted

3 ISSUES ON VALIDITY OF RULE-MAKING

PERMISSIBILI
Is there a:
TY OF
DELEGATION
Grant of authority by the
legislature to administrative
bodies to issue rules and
regulations
VALIDITY OF
Does it meet the two requisites
DELEGATION
of:

VALIDITY OF
EXERCISE

1. Completeness test
2. Sufficient standard test
Does it conform with:
1. What the statute provides
2. Whether the same is
reasonable

TESTS OF DELEGATION
1. COMPLETEN
Statute is complete in all its
ESS TEST
essential terms and conditions
when it leaves legislature so
that there will be nothing left
for delegate to do when it
reaches him except to enforce
it
US vs. Ang Tang
FACTS: Act authorized
Ho
Governor-General to
43 Phil 1
promulgate rules whenever,
for any cause, conditions arise,
resulting in extraordinary rise
in price of palay, rice or corn.
He issued an EO fixing price of
rice. Ang Tang Ho was charged
for selling rice price greater
than that fixed by EO.
HELD: Legislature did not
specify under what
conditions the rules may be
issued and did not define
what constitutes
extraordinary increase in
price of cereals. Promulgation

of rules is left to sole

discretion of GovernorGeneral. Law is thus
incomplete as legislation.
TESTS OF DELEGATION
2. SUFFICIENT
Statute fixes a standard,
STANDARD
mapping out the boundaries of
TEST
the delegates authority by
defining the legislative policy
and indication the
circumstances under which it
is to be pursued and effected.
Ynot vs. IAC
FACTS: Restituto Ynot
148 scra 659
transported 6 carabaos from
Masbate to Iloilo in violation of
EO 626-A which prohibits
interprovincial transportation
of carabao and carabeef. EO
provides further that such
carabao transported shall be
confiscated and
distributed to deserving
farmers as the Director of
Animal Industry may see fit;
and carabeef distributed to
charitable institutions as the
Chair of NMIC may see fit.
HELD: EO 626-A is
unconstitutional. One
searches in vain for the usual
standard and the
reasonable guideline, or
better still, the limitations
that said officers must observe
when they make their
distribution. There is none.
ADMINISTRATIVE RULES AND REGULATIONS
Rule-making
Power given to administrative
power (power of agencies to issue or
subordinate
promulgate rules and
legislation)
regulations necessary to carry
out its functions
Rules and
Those issued by administrative
regulations
or executive officers in
accordance with and as
authorized by law
Rationale
Administrative bodies have
opportunity and competence
Necessity
In order to adapt to the
increasing complexity of
modern life and variety of
public function
Nature of grant
Relaxation of separation of
powers
KINDS OF RULE-MAKING POWERS
SUPPLEMENTARY
Administrative bodies may
(particular
implement broad policies laid

delegation of
authority)
INTERPRETATIVE
(interpretation of
statute being
administered)
CONTINGENT

down in statute by filling-in

details which Congress may
not have opportunity or
competence to provide.
Power of administrative
agencies to interpret and
construe the statutes
entrusted to them for
implementation
Congress may provide that
law shall take effect upon
happening of future specified
contingencies leaving to
some other entity the power
to determine when the
specified contingency has
arisen.

LIMITATIONS ON RULE-MAKING POWER

1. Not
Constitutional provisions
inconsistent
control what rules and
with the
regulations may be
constitution
promulgated by
administrative bodies
DAR vs. Sutton
FACTS: AO9 issued by DAR in
GR No. 162070
1993 sought to regulate
Oct. 19, 2005
livestock farms by including
them in the coverage of
agrarian reform and
prescribing a maximum
retention limit for their
ownership. However
deliberations of 1987
Constitutional Commission
show clear intent to exclude
all lands exclusively devoted
to livestock, swine and
poultry-raising.
HELD: AO contravenes the
Constitution. DAR has no
power to regulate livestock
farms which have been
exempted by the Constitution
from the coverage of agrarian
reform. The fundamental rule
in administrative law is that,
to be valid, administrative
rules and regulations must
be issued by authority of a
law and must not
contravene the provisions
of the Constitution.
LIMITATIONS ON RULE-MAKING POWER
2. Not
Statutory provisions control
inconsistent
what rules and regulations
with statute
may be promulgated by
administrative bodies
Solicitor-General
FACTS
vs. MMA
204 scra 837

HELD: PD 1605 (Act Granting

MMC powers related to traffic
management and control in
Metro Manila) does not allow
either removal of license
plates or confiscation of
drivers licenses for traffic
violations. Ordinance No. 11
imposes sanctions PD does
not allow and actually
prohibits. It violates and in
effect partially repeals the
law. Thus, said Ordinance is
null and void.
LIMITATIONS ON RULE-MAKING POWER
3. Cannot
May not amend, alter, modify,
amend an act supplant, enlarge or expand,
of congress
restrict or limit the provisions
or coverage of the statute
Boie-Takeda
FACTS
Chemicals vs. De
la Serna
228 scra 329

HELD: In including
commissions in the
computation of 13th month
pay, DOLE unduly expanded
the concept of basic salary
as defined in PD 851. It is a
fundamental rule that
implementing rules cannot
add or detract from the
provisions of the law it is
designed to implement.
LIMITATIONS ON RULE-MAKING POWER
4. Cannot
They must be within the
exceed
scope and purview of the
provisions of
statutory authority granted
basic law
by the legislature
United BFHA vs.
FACTS
BF Homes
310 scra 304

HELD: Under PD 902-A,

insofar as the associations
franchise or corporate is
involved, it is only the state,
not the general public or
other entity that could
question this.

LIMITATIONS ON RULE-MAKING POWER

5. Reasonable,
They must not act arbitrarily
and not unfair and capriciously in the
or
promulgation of rules and
discriminator
regulations; and the rules and
y
regulations issued must be
reasonably adopted to secure
the end in view.
Lupangco vs. CA
FACTS
160 scra 848

HELD: Resolution 105 is not

only unreasonable and
arbitrary, it also infringes on
the examinees right to
liberty. PRC has no authority
to dictate on the reviewees as
to how they should prepare
themselves for the
examinations.
REQUIREMENTS FOR A VALID ORDINANCE
1. Must not contravene the Constitution or
statute
Magtajas
FACTS:
vs. Pryce
Properties
234 scra
255

HELD: Ordinances contravene PD

Lagcao vs.
Labra

1869, which authorized casino

gambling, as they prevent PAGCOR
from exercising the power
conferred on it to operate casino.
PD 1869 has status of statute that
cannot be amended or nullified by
mere ordinance.
FACTS

HELD: Ordinance is repugnant to

the pertinent provisions of the
Constitution, RA 7279 and RA
7160. City did not comply strictly
with RA 7279 (local expropriation
of property for urban land reform
and housing). There was no
attempt to first acquire the lands
listed in section 9 (a to e).
Likewise, City faileld to exhaust
other modes of acquisition in sec
10 thereof. Moreover, there was no
evidence of definite offer to buy
the property as required by Sec19
of RA7160.
REQUIREMENTS FOR A VALID ORDINANCE
2. Must not be unfair or oppressive
Lucena
FACTS
Grand
Terminal vs.
JAC Liner
452 scra
174

HELD: Proscription against

existence of all terminals apart
from that franchised to LGCT
cannot be considered reasonably
necessary to solve traffic problem.
Additionally, since compulsory use
of the terminal would subject users
thereof to fees, such measure is
unduly oppressive.
REQUIREMENTS FOR A VALID ORDINANCE
3. Not prohibit but may regulate trade
Dela Cruz vs.
FACTS: Vicente De La Cruz,
Paras
et. al. were night club
GR No. L-42571operators. They assail the
72
constitutionality of Ordinance
July 25, 1983
84 (Prohibition and Closure
Ordinance of Bocaue,

Bulacan) on the ground that it

violates their right to engage
in lawful business. Trial Court
ruled that the prohibition is a
valid exercise of police power
to promote general welfare.
De la Cruz then appealed
citing that they were deprived
of due process.
HELD: If night clubs were
merely regulated and not
prohibited, certainly the
assailed ordinance would
pass the test of validity. The
objective of fostering public
morals, a worthy and
desirable end can be attained
by a measure that does not
encompass too wide a field.
The purpose sought to be
achieved could have been
attained by reasonable
restrictions rather than by an
absolute prohibition.
Ordinance of the Municipality
of Bocaue is declared void
and unconstitutional.
REQUIREMENTS FOR A VALID ORDINANCE
4. Not unreasonable
5. Not be partial or discriminatory
6. Must be general and consistent with public
policy

E. VALIDITY OF STATUTE
PRESUMPTION OF CONSTITUTIONALITY
Every statute is presumed valid.
Reason: How a law is enacted.
It is but a decent respect due to the
wisdom, integrity and the patriotism of the
legislature, by which the law is passed,
and the Chief Executive, by whom the law
is approved, to presume of its
constitutionality.
To declare a law unconstitutional, the repugnancy
of the law to the Constitution must be clear and
unequivocal. (not a doubtful and argumentative
implication)
All reasonable doubts should be resolved in favor
of the constitutionality of law. To doubt is to
sustain.
The final authority to declare a law
unconstitutional is the Supreme Court en banc by
the concurrence of a majority of the Members

who actually took part in the deliberations on the

issues in the case and voted thereon.
REQUISITES FOR EXERCISE OF JUDICIAL POWER
a. The existence of an appropriate case
b. An interest personal and substantial by
the party raising the constitutional
question
c. The plea that the function be exercised at
the earliest opportunity
d. The necessity that the constitutional
question be passed upon in order to
decide the case
APPROPRIATE CASE
- Must be a bonafide case, one in which it
raises a justiciable controversy
- Judicial power is limited only to real,
actual, earnest, and vital controversy
- A controversy is justiciable if it refers to a
matter which is appropriate for court
review
- Court hesitates to rule on political
questions (concerned with the issues
dependent upon the wisdom, not legality,
of a particular act/measure being assailed)
Constitution expands the concept of judicial
review by providing:
SECTION 1 OF ARTICLE 8
THE JUDICIAL POWER SHALL BE VESTED IN ONE
SUPREME COURT AND IN SUCH LOWER COURTS
AS MAY BE ESTABLISHED BY LAW.
JUDICIAL POWER INCLUDES THE DUTY OF THE
COURTS OF JUSTICE TO SETTLE ACTUAL
CONTROVERSIES INVOLVING RIGHTS WHICH ARE
LEGALLY DEMANDABLE AND ENFORCEABLE, AND
TO DETERMINE WHETHER OR NOT THERE HAS
BEEN A GRAVE ABUSE OF DISCRETION
AMOUNTING TO LACK OR EXCESS OF
JURISDICTION ON THE PART OF ANY BRANCH OR
INSTRUMENTALITY OF THE GOVERNMENT.
The question must be RIPE for adjudication.
It is a prerequisite that something had by
then been accomplished or performed by
either branch before a court may come
into the picture
It is ripe for adjudication when the
governmental act being challenged has
had a direct adverse effect on the
individual challenging it.
STANDING TO SUE
- Legal standing or locus standi
- A personal and substantial interest in the
case such that the party has sustained or
will sustain direct injury as a result of the
governmental act that is being challenged
Interest means a material interest, an interest in
issue affected by the decree

CITIZEN
a. If he can establish that he has suffered
some actual or threatened injury as a
result of the allegedly illegal conduct of
government
b. The injury is fairly traceable to the
challenged action
c. The injury is likely to be redressed by a
favorable action
TAXPAYER
a. When public funds have been illegally
disbursed (illegal expenditure of money)
b. That he will sustain a direct injury as a
result of the enforcement of the
questioned statute.
Based on the theory that the expenditure
of public funds by an offices of the state
for the purpose of administering an
unconstitutional act constitutes a
misapplication of such funds
LEGISLATOR
Allowed to sue to question the validity of
any official action which he claims
infringes his prerogatives as a legislator
The Supreme Court may, in its discretion, take
cognizance of a suit which does not satisfy the
requirements of legal standing. In a few cases,
the Court has adopted a liberal attitude on the
locus standi. The Court may brush aside
technicalities of procedure when the issues raised
are of paramount importance (transcendental
significance) to the public.
WHEN TO RAISE CONSTITUTIONALITY
The question of constitutionality must be raised
at the earliest opportunity, so that if not raised by
the pleadings, ordinarily it may not be raised in
the trial court, and if not raised in the trial court,
it will not be considered on appeal.
Exception:
a. The question may be raised in a motion
for reconsideration or new trial in the
lower court, where the statute to be
invalidated was not existing when the
complaint was filed/during the trial.
b. Criminal case any stage of the
proceedings or on appeal
c. Civil cases where it appears clearly that
a determination of the question is
necessary to a decision and in cases
where it involves the jurisdiction of the
court below
Constitutional questions will not be entertained
by courts unless they are specifically raised,
insisted upon, and adequately argued.
NECESSITY OF DECIDING CONSTITUTIONALITY

-the court will not pass upon the validity of a

statute if it can decide the case on some other
grounds
-it will leave the constitutional question for
consideration until an appropriate case arises in
which a decision upon such question is
unavoidable
-if the only issue is a constitutional question
which is unavoidable, the court should confront
the question and decide the case on the merits
-where the constitutional question is of
paramount public interest and time is of essence
in the resolution of such question, adherence to
the strict procedural standard may be relaxed
and the court, in its discretion, may squarely
decide the case
-where the question of validity, though apparently
has become moot, has become of paramount
public interest and there is undeniable necessity
for a ruling, strong reasons of public policy may
demand that its constitutionality be resolved
TEST OF CONSTITUTIONALITY
-is what the Constitution provides in relation to
what can or may be done under the statute, and
not by what it has been done under it
-may be declared unconstitutional:
a. it is not within the legislative power to
enact
b. it creates or establishes methods or forms
that infringe constitutional principles
c. its purpose or effect violates the
Constitution or its basic principles
d. when it allows something to be done
which the fundamental law condemns or
prohibits
e. when it attempts to validate a course of
conduct the effect of which the
Constitution specifically forbids
f. it is vague
* it lacks comprehensible standards that
men of common intelligence must
necessarily guess at its meaning and differ
in its application
g. when the emergency has passed or there
have been changes in circumstances and
conditions
Statute is repugnant in two respects:
a. It violates due process for failure to accord
the people fair notice of what conduct to
avoid
b. It leaves law enforcers unbridles discretion
in carrying out its provisions and becomes
an arbitrary flexing of the government
muscle
For ordinances, tests of validity:
a. Must not contravene the Constitution or
any statute
b. Must not be oppressive or unfair
c. Must not be partial or discriminatory

d. Must not prohibit but may regulate trade

e. Must not be unreasonable
f. Must be general and consistent with public
policy
EFFECTS OF CONSTITUTIONALITY
General rule: orthodox view
Two views:
a. Orthodox view:
o Not a law
o confers no rights
o imposes no duties
o affords no protection
o creates no office
o inoperative as though it had never
been passed
ARTICLE 7 OF CIVIL CODE
WHEN THE COURTS DECLARE A LAW TO BE
INCONSISTENT WITH CONSTITUTION, THE
FORMER SHALL BE VOID AND THE LATTER SHALL
GOVERN. x x x.
b. Modern view
o Less stringent
o Does not annul or repeal the
statute if it finds it in conflict with
the Constitution
o It simply refuses to recognize it
o The decision affects the parties
only and there is no judgment
against the statute
INVALIDITY DUE TO CHANGE OF CONDITIONS
- General rule as to the effects: not
applicable to a statute that is declared
invalid because of the change of
circumstances affecting its validity
- Deemed valid at the time of its enactment
as an exercise of police power
- Becomes invalid only because the change
of conditions makes its continued
operation violative of the Constitution and
the declaration of its nullity should affect
only the parties involved in the case and
its effect applied prospectively
PARTIAL INVALIDITY
General rule: where part of a statute is void as
repugnant to the Constitution, while another part
is valid, the valid portion, if separable from the
invalid, may stand and be enforced.
Exception: when the parts of a statute are so
mutually dependent and connected, as
conditions, considerations, inducements, or
compensations for each other, as to warrant a
belief that the legislature intended them as a
whole, the nullity of one part will vitiate the rest.
VALIDITY OF STATUTES
PRESUMPTI
Every statute enjoys presumption

ON
REASON

POWER TO
DECLARE

of validity
Legislature has decided law to be
constitutional
President convinced of the
validity of the law
Art VIII, Sec 4(2) All cases
involving the constitutionality of
a law, which shall be heard by the
Supreme Court en banc, 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 acted thereon.

REQUISITES OF JUDICIAL
There must be an
actual case or
controversy
The question of
constitutionality must
be raised by the
proper party (locus
standi)
The constitutional
question must be
raised at the earliest
possible opportunity
The decision of the
constitutional question
must be necessary to
the determination of
the case itself (lis
mota cause of the
suit

INQUIRY
Involves opposing legal
claims capable of
judicial resolution
One who has sustained
or is in danger of
sustaining an injury as
a result of the act
complained of.
Constitutional question
must be raised at the
first possible instance
If case can be decided
on other grounds,
courts will refrain from
ruling on
constitutionality.

ACTUAL CASE
JUSTICIABLE Involving a conflict of legal rights,
CONTROVE
an assertion of opposite legal
RSY
claims
susceptible of judiciable resolution
on the basis of existing law and
jurisprudence
POLITICAL
Concerned with issues dependent
QUESTION
upon wisdom, not legality, of an
act or measure being assailed
JUDICIAL
Limited to actual controversies
POWER
Involving rights which are
Legally demandable and
enforceable
EXPANDED
Art VIII, Sec 1, 1987 Constitution
JURISDICTIO and to determine whether or not
N
there has been a grave abuse of
discretion amounting to lack or
excess of jurisdiction on the part
on any branch or instrumentality of
the government.

PROPER PARTY
LEGAL
Personal and substantial interest
STANDING
in the case such that the party
has sustained or will sustain direct
injury as a result of the
governmental act that is being
challenged.
TAXPAYERS
Proper when public funds are:
SUIT
a. Illegally disbursed
b. Depleted to improper
purpose
c. Wasted through invalid or
unconstitutional law
MEMBER OF
May question validity of:
CONGRESS
a. Presidential veto
b. Condition imposed in
appropriations bill
c. AO as an usurpation of
legislative power
EXCEPTIONS
a. Over-breadth doctrine
b. Third-party standing
c. Transcendental
significance
PROPER PARTY
CASE 1
FACTS: Pres. Joseph Estrada,
invoking his Commander-in-Chief
IBP vs.
powers, directed the deployment
ZAMORA
of Marines to assist PNP in
338 scra 81 suppressing lawless violence. IBP,
asserting itself as bound with the
duty to uphold the rule of law and
the Constitution, filed petition to
declare such move
unconstitutional, arguing that no
emergency situation obtains in
Manila as would justify deployment
of soldiers for law enforcement.
OSG contends that IBP has no legal
standing.

CASE 2
Oposa vs.
Factoran
GR No.
101083
July 30,
1993

HELD: Mere invocation by IBP of its

duty to preserve rule of law and
nothing more, while true, is not
sufficient to clothe it with standing
in this case. This is too general an
interest which is shared by other
groups and the whole citizenry.
FACTS: Class suit was filed against
DENR Sec. Fulgencio Factoran, Jr.
by 44 minors joined by their
parents led by the spouses Antonio
and Rizalina Oposa, for themselves
as well as for generations yet
unborn to stop issuance of Timber
License Agreements (TLA) and
cancel those already issued to stop
deforestation.
HELD: The children had legal
standing based on the concept of

CASE 3
Cuyegkeng
vs. Cruz
GR No. L16263
July 26,
1960

CASE 4
Kilosbayan
vs. Morato
GR No.
118910
July 17,
1995

intergenerational responsibility.
Their right to healthy environment
carried with it obligation to
preserve that environment for
succeeding generations. The
children have legal standing to sue
on behalf of future generations.
FACTS: Dr. Jose Cuyegkeng, et. al.
filed quo warranto proceedings
alleging that their names appear in
a list submitted to the President by
PMA for appointment as members
of the Board of Medical Examiners,
and that Dr. Pedro Cruz whom the
President appointed to said board
was not in the said list. They
contend that pursuant to Medical
Act of 1999, President cannot
appoint to said position any person
not included in the list submitted
by PMA.
HELD: Cuyegkeng, et. al. had not
made a claim to the position held
by Cruz and therefore could not be
regarded as a proper party who
had sustained an injury as a result
of the questioned act.
FACTS: PCSO signed an Equipment
Lease Agreement (ELA) for on-line
lottery. Kilosbayan seeks to declare
the agreement invalid on the
ground that it is substantially the
same as the ELA entered into by
PCSO which was nullified earlier by
the Court.
HELD: Not being parties to the
contract of lease which it seek to
nullify, Kilosbayan has no personal
and substantial interest likely to be
injured by the enforcement of the
contract. It has neither standing to
bring this suit nor substantial
interest to make it real party in
interest.

EARLIEST OPPORTUNITY
GENERAL
If not raised in pleadings cannot
RULE
be considered at trial
If not considered at trial cannot
be considered on appeal
EXCEPTION

Criminal cases at any time in the

discretion of the court
Civil cases at any stage if
necessary to the determination of
the case itself
Every case at any stage if it

involves jurisdiction of the court,

except where there is estoppel.
EARLIEST OPPORTUNITY
TIJAM VS.
FACTS: Serafin Tijam erroneously
SIBONGHAN filed with CFI a claim of P1908.00
OY
against Magdaleno Sibonghanoy,
33 scra 29
which under Judiciary Act of 1948
falls within the jurisdiction of
inferior court. CFI ruled in favor of
plaintiff. On appeal, CA also ruled
for plaintiff. Defendant moved to
dismiss case for lack of jurisdiction
for the first time after lapse of
almost 15 years.
HELD: Defendant is barred by
laches, which is failure or neglect,
for an unreasonable and
unexplained length of time, to do
that which by exercising due
diligence, could or should have
been done earlier. After voluntarily
submitting cause and encountering
adverse decision on the merits, it
is too late for loser to question
jurisdiction of the court.
NECESSITY OF DECIDING CONSTITUTIONAL
QUESTION
GENERAL
Courts generally:
RULE
a. Avoid deciding on a
constitutional question
b. Indulge on presumption of
constitutionality
c. Decide case on other
available grounds
REASON
Principle of separation of powers:
In deference to acts of co-equal
branches
NECESSITY OF DECIDING CONSTITUTIONAL
QUESTION
Zandueta
Judge Francisco Zandueta of CFIvs. De la
Manila was issued a new ad interim
Costa
appointment of the Fourth Judicial
District, with authority to preside
over CFI-Manila and CFI-Palawan
pursuant to Judicial Reorganization
Law (CA 145). He accepted said
appointment, and entered into the
performance of his duties.
However, the Commission on
Appointments disapproved his ad
interim appointment. The president
appointed Sixto de la Costa in his
stead and his appointment was
approved by the Commission on
Appointments. Zandueta now
questions the constitutionality of
CA 145 because it violated security
of tenure.

CASE 1

Ocampo vs.
Sec of
Justice
GR No. L7918
Jan 18,
1955

HELD: Having arrived at the

conclusion that Zandueta is
estopped by his own act from
questioning the constitutionality of
CA 145, this court deems it
unnecessary to decide the
question of constitutionality of the
questioned law.
FACTS: RA 1186, passed in 1955,
abolished the positions of judgesat-large and cadastral judges as
provided for in Sec. 53 of the
Judiciary Act of 1948. Petitioners,
four judges-at-large and six
cadastral judges, found themselves
without office to preside over as a
result of the law. Thus, they
assailed the law as
unconstitutional on the ground that
it violated judicial security of
tenure.
HELD: Estoppel could not be
applied to petitioners because they
had not accepted new positions
created by the law after it had
legislated them out of their former
courts. SC held that the main
objective of RA 1186 was to do
away with the system of rigodon
de juezes.

EFFECT OF UNCONSTITUTIONAL STATUTE

ORTHODOX
MODERN VIEW
VIEW
STATUS
Total nullity
Deemed
inexistent
COURT
Stricken from
Does not annul
ACTION
statute books
or repeal the
statute and the
court simply
ignores it
LEGAL
Confers no rights Existence of
EFFECT
Imposes no
statute prior to
duties
its
Affords no
unconstitution
protection
ality is an
Creates no office operative act
and has
consequences
which could
not justly be
ignored.
BINDING
All persons are
Affects the
EFFECT
bound.
parties only
CASE
Norton vs.
Manila Motors
Shelby
vs. Flores
118 US 425
99 Phil 738
EFFECT OF UNCONSTITUTIONAL STATUTE

Norton v.
Shelby
118 US 425

CASE 2
Manila
Motors v.
Flores
99Phil 738

CASE 3
Fernandez v.
Cuerva
21 scra 195

FACTS: Board of Commissioners of

Shelby County was created under
Act of 1867, which was
subsequently declared
unconstitutional. Prior to said
declaration, Board had subscribed
in stocks of Railroad Co and had
issued bonds in payment therefor.
Suit was brought to enforce
payment of bonds. Defendant
contends subscription and
issuance of bonds were made
without authority.
HELD: Board had no lawful
existence; that their acts were
void. An unconstitutional act is not
a law; it confers no rights,
imposes no duties, affords no
protection; it creates no office; it
is in legal contemplation
inoperative as though it had never
been passed.
FACTS: In 1954, Manila Motors
filed collection case against
Manuel Flores for unpaid chattel
mortgage instalments which fell
due in 1941. Flores pleaded
prescription. Manila Motors argues
that Moratorium Laws, which were
in operation 3 years and 8
months, had suspended
prescription. Flores averred that
moratorium laws had been
declared unconstitutional and
therefore it is inoperative.
HELD: Although the general rule is
that an unconstitutional statute
confers no right, create no office,
affords no protection and justifies
no acts performed under it, there
are several instances wherein
courts, out of equity, have relaxed
its operation or qualified its
effects since the actual existence
of statute prior to such declaration
is an operative fact, and may
have consequences which cannot
be justly ignored.
FACTS: Federico Fernandez was
employed by P. Cuerva & Co. After
his separation from service, he
filed a claim before Regional
Office (RO) of DOL for unpaid
salaries, commissions, and
separation pay pursuant to Sec 25
of Reorganization Plan 20-A, which
vests on RO jurisdiction over
these money claims. RO
dismissed claim on the ground on
June 30, 1961 in Corominas v

Labor of Standards Commission

Sec 25 was declared
unconstitutional. On Dec 17,
1962, Fernandez instituted similar
complaint with CFI, which
dismissed the case holding that
action was already barred under
Sec 17 of Minimum Wage Law (RA
602 April 1951) since it was not
brought within 3 years from the
time right of action accrued.
HELD: From Oct 1959 when he
was separated from service up to

July 26, 1960 when he filed claim

with RO only 8 months had
elapsed, and that since July 26,
1960 until filing of complaint in
CFI on Dec 17, 1962 running of
prescriptive period was deemed
interrupted, it is clear that action
to enforce claim was not yet
barred. Only about 9 months of
the 3 year period may be
considered as having elapsed
when he commenced his action in
CFI.