11.08, Proweedings of the convention 108, Contemporenecus construction and writings LTO. Previous laws and jodital ralings LIL Changes in phraseology HL12) Consequences of alternative constructions ALIA, Consittion construed as'e whole ALG Mandatory or directory 1L15. Prospective or retroactive 1.16, Aplniy of leo atatary ‘constriction 1.27, Generally, constitutional provisions are aelexecting. osary of Maxims. Subject Index. 451 451 452 458 55 66 am 405 Chapter | STATUTES A. IN GENERAL ‘late. Te includes statutes enacted by the lgilature, presi Alocres and executive orders issued by tho President mn the exer- tbe of his legislative power, other presidental issuances in the ‘erie of his ordinance power, range af the Supreme Court cone “ruing the law, rules and regulations promulgated by administra- tive or exeutiveoflers pursuant toa delegated power, and odie sunces passed by sanggutians of local government units 1.02, Statutes, generally. ‘nacte by the legislature are those passed by the Philippine Com Issn, the Philippine Legislature, the Batasang Pambansa, and ‘the Congress ofthe Philippines. Other laws which are ofthe seme atogory and binding foes aa statutes are presidential decree Se ‘Sed by the President in the exercise of his legislative power du. ‘ng the peed of martial law under tho 1973 Constitution’ and Pet pe Neves A i: gio Common oo Ehtenm, 82‘executive orders asue ty the President i Uhe exereae of his legi- lative power during the revolutionary period under the Freedom 1109, Permanent and temporary statutes. ‘According to its duration, a statute may bo permanent or ihe lapse of a fined petod or by the occurrence ofan event [Neither dause nor custom or practice to Use contrary operates sender i ineffective or inoperative “hal bein fore fr © defaite pried, It torminates atthe end of ‘sich perad* Where astetute is designed to meet an emergency it ‘Sods tpn the cessation of ich emergeney. Since an emergency is semen Saas by nature temporary in character, so mst the statue intended to ‘moet it, be A limit in Une to tide over a passing trouble ay siya aw that may not be upeld ax a permanent one” 104, Other clases of statutes, In react to their application, statutes may be prospective or retroactive. They may also be, according to their operation, de- Slaratory.cartive, mandatary, directory, sebantve, remedial, and Penal In respect to their forms, they may be affirmative oF noga- 1.05. Manner of referring to statutes, Statues passed by the legislature are conscutively numbered ‘ ienified y th pectve sure hat eat he. Sa Philippines used to exercise legislative power in the farm of Presipeed cee cee ee ‘ STAToTORY CONSTRUCTION ental decrees and exsntive oder, respectively, which remain ‘abd nth repealed” “The mnaguniang borange,songsunian Bayon, sanagunions pantavd and anaguniang Panstawigan have sen lglg 2m within their eapeciv urd, to enact aan efcecbl win the lel goerament unit concerned These Seftance are however infor in status and subordinate to the {foe atthe sta." An administrative oe exective fier, In he ‘ree of duly delegated power, can ikewise nue rae and Suton toimploment «specie law, and sch vale and el Eine have the foes fe of awe 1107, Congress’ legislative power. ‘The Constitution provides that, the extet ‘seple by the provision om iniatve and referer BEE the pcr pois fh esata to reset he Bie fr the ovement se sacety. The spent feature of he Taste atlas te dtormtontn of te eit ely SENG emultion and promulgation ab a defined and binding 758 Muette gate power plenary for all popes of ‘0h Soerament otc nyo tsk Nain os ae fund in ‘the Consttation. 1.08, Procedural requirements, generally, ‘The fundamental law presribs the basic procedural require. ‘ments forthe passage ofa Pl into Ta. thas been held that bill tay be enacted ito law only in tho manner the Constitution ro “Appin: cna Loa My aun, No em, 8 HO 8,2 po ue oa 4 4 850, Vr Miing Ce Sa ‘quiees and in accordance with the pracedare therein provided. * re from the base constitutional ragulrementa, Congres wis in detail tho procedure by which bill may be enacted into law he detailed procedure is embodied in the Rules ofboth Houses ss Congres, promulgated pursuant to tho constitutional mandate ‘powering I to determine it rule of proceeding.” Sriginate exclusively inthe House of Representatives” ‘bil is approved by either House after tas gone three (2) ‘eodings. The Constitution provides that “Tap bill pated by either ‘pt when the President certifies a the necesityof te immedi fttiment to meet public calamity or emergency. Upon the last ing ofa bill, no amendment thereto shall be alowed, an the Vote thereon shal be taken immediatly therester, and the yeas nays entered inthe dural "Tho Sacretary reports the bil for fst reading. First Reading ‘onnists of roading the number and tile ofthe bil lowed by folvral tothe appropriate Committe fr study and recommenda tion: "The Committe may hold pubic hearings on the proposed Insure and submite its report and recommendation for Calendar| fir second reading. On Second Rending, he bl shall be res in all, With the amendments proposed by the Committee, sf any unlens (open thereof are distributed and such reading is dapensed withand amendments. After the amendments shall have buen acted “pon. the ball wll be voted on second reading. Abll approved on ‘Moan reding shal be iacuded inthe calendar of bill for third ‘eaing” On Third Reading, the bill x approved on second reading ‘le ubiited fr nal voto by yeas and nays ‘The bill approved on Third Reading by one House strasmit- ted tothe other Howe fr conearrence which wil fallow substan- Lilly the same roste aa bill orginally Sid with 1 the other ‘louse approves the bill withoot amendment he il is passed by Congress and the sare will be tansmited to the President for Sopmpeints action Ifthe other Hoe introduces amendments nd {he House from which it ongtnated does nt agree with said amend- tents, the difereneee will be setled by the Confrence Commit- {cer af both Chambers, whose report or recommendation thereon wil have ta be approved by both Houses inorder that it wall be ‘Cinsiered passed by Congress and thereafter sent to the President {or ation ‘The Constitution provides that “every bill pased by the Con- gre shall, before it hemes lw, be presented tothe President. {ne approves the same be thal eg i ohervse ho call veto it find return the ame with his objecions to the House where it Griinated, which shall enter the objetins e large in its Journal Sint proseod to reconsider it If after such reconsideration, ¢wo- tied of al the Members of suck House call agree to pass the bl, Ital be sent iogether withthe objections, to te thor House by ‘which it shall ikewiee be reconsidered, and if approved hy two- {hinds otal the Members of thst House, shal become alae. Tn lll nuch egos, the wots of exch Fuse shall be determined by ye Sr nay and the names ofthe Members voting for or aguinst shall ‘oe entered in its dournal. The Presidat shall communicate is ‘eto of ang bl to the Howse where originated within thirty days ter the date of receipt dhereaf; otherwis, it shall become ala a5 Sf he had signed ie In ether words, sill passed by Congress Tbocomes a law in citer of thee rays, namely (1) when the Pres ent signs it (2 when the President docs not sign nor comin ‘ite his wto ofthe bill within trey days after his recep thereof, find} when the vetoed bili epaneed by Congres by two-thirds Sot of al ite Members, each House voting separately: 1.10. Appropriations and revenue bill. The procedure forthe enactnent of ordinary bills applies to ‘he enactment of appropriations and reenoe mene. Howere, {yea ol originate fom the lower House, bat the Sena na rn coca wih Se sendin Moar, ero tons are sujet othe lowing restrictions or quaeatons, ‘provided inthe Canatitstions™ — 1. “The Congress may nt increas the appropriations ree ome by the recent te pean te Garment os ‘ei inthe budget. The form, content and manner of it fhe budget sal be pres by lw ae 2 "No provisian or enactment shall be embraced in the eneral appropriations bill unless i relatos ‘hale ited ne operation tthe appropriation fo which it 8. _ “The procedure in approving appropriations forthe Con- ros shal trict follow the proeedure for approving appropri ‘ions fr the other departments and agencies.” 4. “A special: appropriations bill shall specify the parpose ‘or which iti intended and shall be supported by fends ately tvnlabl a cartied by Use National Treasurer, oto be exited by & ‘orespanding revenue proposal therein, 5. *No law shall be pasted authorizing any transfer of ap- propriatons: however, tbe President, the President ofthe Sena, the Speaker ofthe House of Representatives, the Chief Juice of the Supreme Cour, and the heads of Conatitational Commissions ‘nay, by law, be authorized to auginent any item in the general ‘spropriations law for ther respective fies fom savings in ther Nemo their respetive appropriations” 8 Disetinary fads appropriated fr parila fale sue aired ely tr pale prone ob suport y st no nl pw Eels my11. “shy the end of any fal year, the Congres shall have Iailed to pass the general appropriations bil fr the ensuing fiscal sear, the general appropriations lew forthe preceding fisel year hall be deemed reonacted and shall remain in free and eect “antl the general appropriations bil s pasted by the Congres” “The Present shall have the power ta veto any particu lar item a items in an appropeation, revenue, o tariff bil, bt the ‘elo shall not affect dhe item or items to which he doesnot ob- LiL, Authentication of bills. ‘The lawmaking process in Congress ends when the ill i approved by the body. It is this approval tat is indispensable to ‘he validity ofthe bl: Before an approved bills sent the Presi ‘Sent for his consideration as rogulred by the Constitution, the tll { muthenticated, The system of athentcaion devised is the wig {by the Speaker and the Senate President of the printed copy of the epproved bil, to signify to Use President that the bill being presented to htm as been duly approved by the legislature and is ‘ead for his approval or rejection 148, Unimpeachability of legislative journals. "The Constittion requires that “olach House shall keep a Journal of itr proceedings, snd fom timo to time publish the same, rorpting such perts as may, in ts odgment, affect national secu: ‘iy, and the yeas and nays on any question shal, tthe request of ‘nelfith ofthe Members present, be entered inthe Journal The ‘Joumal ie rererded aa conlonve with repoct to matters that are equted by the Cnettation to be reorded therein. With respet to ‘tor matters in the absence of evidence tothe contrary, Ue Jour fals have lan been aeoorded conclusive eect Entries or records contained in the logilative journals are declared conclusive upon the courts, Considerations of public paley fod tothe adoption ofthe rule giving verity and unimpeachabiity Rag M2 014690074 legisative records. “imperative reasons of publi policy require that he sthenty ofl sold rest pon pir mner of the most permanent charactor, They shuld be pubic bean all ‘ve required to conform fo them they shout he permanente tat Tights ogre teday upon the tho what has been declared ta {enw shall ot be estroyed tomorcow ora some remote period et Aine by fee retng only nthe memory a idle 1.15. Rnrolted bill ‘ho il pase by Congrem asthenia hy he 5 tn Seota Preten and approved bythe Present i kn sb th cra i adr priate he tet Of the tt a pueda apne dese peting cone verity and is binding on the courts oe ‘The called coy of il i cocsve nt only ofits posi son Dats of don snacinea: Net ven sate Gt & pre {oetcontationl amendment was invalid base eres vest pra a a tons ha eth po tle of a tae raed inthe piating of the il inv moved o peated he cut t ok behind te freeing tn cocoa! bane ofthe government Atempts shave the de Urine reeuamined or rated has a fried rae hy neue leon cet ine a erly ‘rata ene cece Sage Some aah as Scania rence ean es taal a tpt ee ict nn mae es pec aprons Me Fos Bet Pi 2,75 Os, Med» Sdn, GR Naa, ume Re 1 a 7 SAS Mens Bay HH» sraruToRy CONSTRUCTION ‘Courts cannot go behind the enrolled act to discover what ‘really happened. The respect duo to the other branches of govern- tent demands that outs act upon the faith and credit of whet the UMicers of the said branches atest to a5 tho oficial acts of their eapective departments Otherwise, courts would be cast in the {nenviable and unwanted rae of a sleuth trying to determine what lttwally did happen in the labyrinth of lawmaking, with conse ‘quent impairment of the integrity of the legaatve proses. For if hore be danger that officils ennearned may impose upon the peo- ple an act tht was never passed in Uh form in which tis pre- ered in the published statutes, there wil be mach greater danger ‘of permiting the validity of legislative enactment to be ques- oped by evsieace farnished by the general endorsements made by Clerks upon bills previo to their fnal passage and enrollment. Hence, i there has been any mistake inthe printing of the bill ‘etre it was certified by the offlenr of the assembly and approved by the chief execative, the remedy is by amendment by enacting ‘crave lgiiation, not by jadi dcree* ‘The logislative journals and the enrolled bill are both cone sive upon the courta, However, where there is a discrepancy ‘een the journal andthe enraied lth latter as le prevails ‘over the former, pariculary with respect to matters nt expressly aired to be entered Sato the lgislative journal 114, Withdrawal of authentication, effect of, "The Speaker and the President may withdraw ther signa ‘ares from the sighed bill where there ie serous end substantial tdcrepaney between the txt ofthe bil as deliberated inthe lagi {ature and shown by the journal and tht ofthe enralled bil. Sach ‘withdrawal renders the bill without atestation and nolifies its ‘hatus ar an envied bill In uch a eae, Ube bil is no longer ‘todd absolute verity ab regards its text and the entries i the [rural should be consulted. And where the journal dveoees that Mbvtantal emendsanta were ftreduced ad approved but were ‘ot incorporated in the printd txt sent to the President for signe ture, the court can declare Use Use il hae not been duly enected tnd id not accordingly become a aw C. PARTS OF STATUTES 115, Tile of statute, “The Constitation provides that “every bil passed by Congross shall embrace only ane abject which shal be expreseed in the ile ‘hereok™ This provision ia mandatory, and a law enacted in viola- tion there is uneonatittions™ The consittional provision ean laine dual lnitetions upon the logieatr. First, the legialature ic to refrain fom conglomeration, under one state, of beterogene- ‘our subjects, Steond, the tlle af the Dil Isto be couched in a Tanguage sufiient to notify the legislators and the public and the concerned af the import of the singe subject theret 116. Purposes of requirement. The principal purpose of Ue constitutional requirement that ‘very bil shall embrace only ona subject which shall be expressed nih Ge is us apprise the legaators of the object, mature and ‘cope of the provisions of the bil and to provent the enactment Ine la of matters which eve not received he nae, action and tnd’ of the legilntors Te eto probit duplicity in legislation, the tle of which completely fas to apprise the lepaators or the public oF the nature, scape and eonsequencesof te law ots provi ona to other words, the imi of the constitutional requirement tr “Rit, to prevent hodgepodge o logroling legion; second, to prevent surprise or fraud upon the legislature, by means of [rosin in alls of which the tle gave no information, and which SAC Ste ey Contaniat o> NTO SESOEA TICright thersfire be overonked and carsesaly and wnintentonaly ‘opted and rd, to fairly apprise the peopl, through auch pub ‘ation of legislative prooredingy ae ix wally made, af the subjects tf the legislation that ar being heard thereon, by petition or other ‘vise i they shal o desire" ‘A fourth purpose may be added. The ttle ofa statute is used ss a guide in ascertaining legislative intent when th language of the act dos not clearly expres ts purpose" Tho tile may elif doubt or ambiguity in the meaning snd rope of @ ate, and Timiting a statute to only one sheet and expresing itn its dle will strengthen ite fnetion ax an intrinsic ald to statuary con- 117. How requirement construed. ‘The constitutional requirement as to ttle of« bil should be ‘Werelly construed" Te should not be given tachniea nterpreta- ‘don. Nor shuld it bo so narrowly construed as to eippe or impede ‘the power oflegalaton." Where Usre is doubt as to whether the title sufficiently expreses the subject matter ofthe statute, the ‘question shouldbe resolved against the doubt and in favor of the fonatittionaity of the tatu LAB, When there is compliance with requirement. ‘There i sufficient compliance withthe constitutional roquir rant if the title be comprehensive enough to reasonably include the general object which statute socks to effec, without expres ing each and every end and means necessary or convenient for ciompliohing the abject” Tho requiroment i satisfied if all the ‘arts of the low are rlatad, and ere germane to ‘Seer Mensapty of owngne 22 PL 66195 ca ; spond in the ttl, oF ap long they are not inconsistent with Toreign tothe general subject. Iie a vald title where it ind “hin broed but clear terms, the nsture, cope and eoneeqaences the law and ie operations The Coneittion doesnot require that tho legislature employ In the ile ofan enactment, language of such precision as to mir "ws faly deseo catalogue, ll the contents and the minute {aia the av I sige the ile should meet the purpose of the constittional demand that i infrme the legiaator, the per- os interested in the tabjet of the bil and the public, of the Titre, sope and consequences of the proposed measure and its Shwration ad thus lead them to inggve ino the body of the il Windy and dacuse the same and tls appropriate action thereon bul consaguently preven surprises or fraud upon te lgilatrs Iivstort, theft thould not be a catalogue or index ofthe bill Those principles apply to les af amendatory acs. A tile which ates that ie an act to amend a specific sttute isa sufcient reise nature af the amendatory ac. Some statutes, particularly those enacted before the Common. ‘welt have ties ending withthe words "endfor ter purpose” Wivtnsen hald thatthe phrase expresses nothing nd amount to tie during the American regime, and its use in some sat- ie was due to the adoption by the Philippine Legislature of the ve employed in congressional legislation in the United States, ‘vr, the legislation ofthe United States Congress is nat sub a the same consitational resection aa that embudiod in the Philippine Consitatin No.2, Due 2,197 48 SCRA. arr Catan, Go. HB, Ot 81.19, When requirement not applicable, ‘the requirement that bill ball embrace onl one subiet rich hai be egreted fn tee war embodied in tho 1685 Glistcaton and fomaced in the 1979 and 1087 Constitutions. {fe reutement apis ony to bila which may thereafter be en ted nto law It cent apply awe force and exiting athe Tine the 1998 Constitution took eet ‘The constitutional requirement has luo no aplication tom cpl o ety oinance, na Uy do nt partake of the nature of nw enced by the Natoal Assembly, Usugh they have the ose tht afl of le 1.20, Ritect of inmuliclency of ttle. A statue whove ttle doesnot conform to the constitutional equirement or isnot related in any manner fits subject is nll nd vod" Where, however, the eabjet matter of «statute snot ‘nficiendly expresed init te, oly 0 much af the sect mat- {ras le not exprened therein ie void, leaving the res in fore, (Slices the fell proviso are inseparable from the others, in (which case the nullity of Ube farmer vitites the lier® Lal, Bnacting clause. "The enacting clause ie that part ofa state written iumedi- aly after the ie threo which states te authority by which the Seti enacted Laws peaed by the Plippine Commission con fein this enacting clasae: “By authority of the President of the United State, be if enacted by the United States Philippine Con triton” The enacting canes of tatuts enacted by the Philippine Tgislatue stats: By authority af the United States, be st enacted bythe Philippine Legilature” When the Philippine Legsiature came bicemorl, laws coasted y it have tis enacting laase ‘SBE Gaetan tn fe me No 08 Th 8 85,8 te it enacted by the Senate and House of Reprosentatives of the Halippines in Legislature sesembled. and by authority of the ‘nine During the Commonwealth, the enacting clause of statutes eh it enacted by the National Assembly ofthe Philippines tnhich was Tater changed Wr "Be it enacted by the Senate and Tone of Representatives in Congress assembled,” when the as nly been bicameral. The latter enacting claw i alo the ‘neting clause used by the Congres from 1946 to 1972 and from is? up to he present, The enacting else adopted by the Batosong ‘unas ie "Be it enactd by the Btasang Pambansa in sesion soured On the other hand, the enacting clause of Presidential Incr e worded substantially a allows: “NOW THEREPORE, I, 2" "President of the Philippine, by virtue ofthe powers ‘ested iw mt by the Consitation, do hereby decree follows” Feative Order iasued by th President in the exercise of is lege Intve per has this naeting laste “Now, Userefore, 1 Ivey ard” a2, Preamble, A preamble sa prefatory statement or explanation ora find lng of fet, reciting the purpose reason, oF ccasion for making Uh ito whic te prefixed Tec usualy found after the enact- Ii close and before Uh body of the law. The legislature seldom Pts prea oa stata it enacts int lve The reason for this [shat the statement embodying the purpose, resson, or oeasion forthe enactment ofthe Ine is contalned in ta explanatory note Hoover, Proidential Deercs and Exscative Onderegeneraly have rambles apparently because, unlike statutes enacted by the le Irate in which the members thereof expound onthe purpose af thw bl ins explanstry note o n the eure of dliberatons, no Inter place than in the preamble can the reason and purpose of Uh deco be stated. PreamblesUhus play an important role inthe tonatruction of Presidential Deeteca™ Lath, Purview of statute, he purvnw or body of statue is that part which tele what et nal abut ‘The body of statue should embrace only onesubject matter, Tho constitutional requirement Uae a bill should Ine only one subject matter which should be expressed in its tile is complied with where the provision thereof no matter how ai ‘ero they nmey be, ae allied and german tothe abject and por pote ofthe blo, negatively tated, where the provisions are not Froonistant with but in fartheranes ofthe single subject matter ‘The legislative practice in writing a atu isto divide an act into ecions, each of which 1s numbered and contains « single propmition, A complex nad comprehensive ple of lgilation ust Uy contains inthe sequence, a shor tile, a pole section, defn on section, adatinistrative satin, setions prescribing standards tf condoc, setion imposing sanctions for violation of its provi Sons, transitory provision, separability clause, repealing laws, find eectivity clase, 1.24, Separablity clause. ‘A separability clan is that part ofa statute which states that if any provision of the act is doclared invalid, the remainder ‘hal not be feted thereby. It ea legsatve expression of intent ‘hat the ality of ene provision shall act invalidate the other pro- ‘iions ofthe act, Such a lassi not, however, contralling andthe ours may, inspite of invalidate the whole statute where what {Sie ater the vid part a nok complete and workable ‘The presumption thatthe eilature intended a statute tobe clfective aba whe and would not hve passed it had it foresen that Sime part of i invalid. The effec of «soparablty clase ‘Greate the place of such presumption the oppo of separability ® D, PRESIDENTIAL ISSUANCES, RULES AND ORDINANCES 1.25, Presidential issuances. ‘Presidential iasuances are thote which the Presiden issues in the exereise of his ordinanen power. They ineladeexceutve orders, ‘uinistrtive orders, roslamations memorandum orders, memo- nde eirelare and general or special orders. These Iosuances Inve the force and effect of tea Fxective Orders are acts ofthe President providing for rules general or permanent character in the implementation or ex: ‘estion of constitutinal oF statutory powers" Thoso should be ‘iorented from execution orders Issued by the President ithe serie of is legislative power during the reveltionary period Ser he Freedom Constition, for the Inter are of the same isles a administrative head" Proclamations ae "acts of the President fing e date or declaring a statute or eondtion of public meat or interest, upon the existence of which tho operation of sie law oF regilation is made to depend Memorandum or ‘Where “acts ofthe Prsidenton matters of administrative deta fro "ete of the President on matters relating to intarnal admiis- Uintion which the President desires to bring tothe attention ofall Ur nn af the departments, agencies, bureaus or ofes of the Government, for information or complance"” General or specie acts and commands of Ube President in is capacity Commander in-Chel ofthe Armed Farges of the Philipines.” 1.28, Supreme Court circulars; rules and regulations. The 1987 Consittion grants the Supreme Court the power promulgate rues concering the protection and enforcement of fentittional right, pleading race, and procedure in all courts, the adraission to the practice flaw, tho Integrated Bar, and legal Sra maSt Tan aassistance to the underprivileged. Such rules shall provide sim- ‘ted and inexpensive prosadae for the speedy dispritin of cases, hal be uniform forall courts of the tame grede, and shall not ‘ii dare of speci eourta and qu {ive unless dipproved hy the Supreme Court" ‘The rulemaking power of the Supreme Court as povided in See. (Article VIll ofthe Constitution i complemented by See. 90, ‘Atile Vi ofthe Canstitstion, which provides tat: "No law shal be pasted increating the appeliaie jurisdiction of the Supreme Court a= provided in this Constitution without it advice and concurrence." It Fa been held that w atute which provides that x decision of a (qual judicial bry be appealale drety tothe Supreme Court, if hacted without the advice and concurrence of the Supreme Court Ennaot be effective. In sich ase, the rule preseribed in Rule 43 of {he 1997 Rules of Civil Procedure on appeals fom quasi judicial lagncies tothe Court of Appeals cll apply. Pursoant to ts rulemaking power the Supreme Court adopted the 1997 Rales of Chil Procedute and introduced new provisions {o. modified andar eteranged the old provisions of, the Rules of {Coure from Roles 1 to T, which now form part of the Rales of ‘Court. The 1997 Rules of Civil Procedure were promulgated bythe Supreme Gourt inthe exorete of ts rule-making power. The rule- taking power ofthe Supreme Cour includes the power to repeal Drocedural laws, such those which prescribe the method of en [sing righ or obtaining redren for thelr invasion. Parts of sat ‘ct which deal with procedural eects can be modified or re- pealed by the Supreme Court by virtue of ts constitutional rale- Taking power such as when it made snsform the rales on appeal from quae judicial bodies to the Court of Appeals by repealing the procedural provisions af RA. No, 7002, R.A. No. 1128, 5440, and RA No 5454" ‘The legislature may enact laws which are substantive and procedural, but the Supreme Court, in the exersae of its rule Fring power, dees not have the power to promulgate rules which tre substantive in nature, Whether a rle prescribed hy the Si yee Cour procedural substantive, the tats wheter the ‘Gi vealy replater procedure, that the Judi proce for “ecg Fgh abd dts regained by substantive lw and or ity edinineerng remedy aol redreat fr regard o inne lion thom. If taker away vested Tighe snot procedaral If tha es sh hi alan Int ii operstn as meen of amplomenting eh th he del merely wih peor: Whee to prose Seal or trnefring the venue appeal x proedral, mach tring that appeals fro decisions ofthe Ombudeman ind Inintarative aloo be nae othe Cour f Appel or rung ens rm dein ofthe NLC eed with he Court of Rules and regulations issued by administrative or executive ificers in seeordance with, and as authorized by, law have the linc a effet fla or partake che nature fa statuta™ All that te requie or their vali is that Ue rales should bo germane to Shc the general provisions ofthe Ine By mach regulations, the Inv isl cannot be extended nor it terma and provisions re rit Hlenes, in ee of aiserepaney o eontit between the tir lw andthe regulations iasued to implement ity the fermer [eval over the latar™ Forts elementary prineple in etatatory Untcton that tata is siperor to an aminstrative regu Ans he formar cannot be repealed or mended by the liter‘The rulemaking power af «public administrative agency is 8 proved. The sangguniang pantungood may repass a vetoed ordi Mane by two-thirds vote ofall the members thereat" I the ety is ‘component ety, the approved ordinanee is submitted to the “enaguniang ponialawigan for review which shall take action ‘horein within thirty days otherwise it wil be deemed valid." 131, Provineial ordinance. ‘The sangguniang panlalawigan, asthe legiaiatve body of a province, may by a vote of « majority of the members present, Chere fring a quoram, enact ordinance affecting the proves." The diane is then forwarded to the governor who, within fteen ‘ys rom receipt here, shall return it with his approval or veto. Ihe doce nat return it within thet time, it shall be deemed ap- prove A vetoed ordinance may be repassed hy the sanaguniang Pontalaeigan by a two-thirds woe of al ite member E. VALIDITY 1.82, Presumption of consttutionality ‘very statute ie presumed vali. The reason lies in Ue very ‘sence of how a law isenactod. Before the legislature passes abil, itis presumed that it has deeded the measure vo be constitutional, hl when the President approves the bil iis presumed that he Th Been eonvinged oft validity tia but a decent reepet due to the wisdom, sntegety, and the patriotism of the legislature, by ‘nich the le ie passed and the chief execetive, by whom the law I ipproved, to presume of its constitutionally An aet of thelegislature, approved by the President, ix presumed to be within the constitutional limitations, For the responsiblity of upholding the Constitution rests aot on the courts alone but on the legislature snd executive aa wall ‘The function of the legislature to legislate law is primary ite cxerise fortified by presumption of ight and legality, and ena to be interfered with lightly, nor by any judilal conception of te wis. dom or propristy® To deere & law unconstitutional, the rpg ‘ancy of the law to the Constitution must be lear and uneqalve: fal. strike down law, there mst be «clear showing that what the fundamental lew condemns or prohibit, the taateallowe to ‘be done." "Thus, to justly the nelifeaion af law, there must be clear and unequivocal reach ofthe Constitation, not doubt and argumentative Implication. There is practically unanimity ‘among the courts in the pronouncement that laws aball not be declared invalid alees the conflict with the Constitution is clear beyond a reasonable doubt” Al reasonable double should bee. solved in favor af the constitutional of Iw T doubt ie to ware Friel ‘Tho final authority to declare a aw unconstitutional isthe Supreme Court en bane by “he concurrence of @ majory ofthe Members who etually took part inthe deliberations on the isaes in the case and voted thereon" Noncthelesy, tral courts have Jurisdiction to teil decide the iesue of enatutionality of «law in appropriate eases. In this connection, the Supreme Court has aptly remarked: “Ta the exercie of this jurladicton, lower courts are advised to et with the utmost ercumpection, bearing in mind the consequences of a declaration of unconssittionality upon the Stability of laws, no les than on the doctrine of seperation ef poe fers. A the qustined act is usually the handiwork of the legal tive or the executive departments, or both, it wil be pradent for SE I ee ease server GR No. 20785, Ang. 20, 1972, 48 SCRA 734; Tannw Seeratn, 86 SCAD eR oni in aia se HM such courts, if only out of « becoming modesty to defor to the Higher judgient of this Cour in tho consideration ofits validity, ‘which is betar determined after a thorough deliberation by a cole- ite body and with the concurrence of the majority’ of those who fnrticpated in its discussion” “Tt is aleo emphasized thet every Sout ncling thie Court, s charged withthe duty ofa purpose (ut hesitation before declaring a law unconstitutional on the theory that the measure was first carefully studied bythe executive and Uw Ingsative departments nd determined by them ta bein ae- tordance with the fandamental lw beret Was finaly approve. Th doubt to mantsn. The presumption of enstitutionality ean be overcome only by the clearest showing that there was indeed an {nfraction of the Constiutian, and only when such a conluson is ‘ached by the required majority may the Court pronounce, inthe Ulcharga of the duty i€ cannot cocpe, Use the challenged act tte tral dove" 1.39, Requinites for exercise of judicial power. "The court doesnot pose upon the contitatonality fa attute st any tne (is requested by aay person and for any purpose. Hefore the eourt may resave the question of enstituionality of @ atte the flowing requisites should, as a rule, be present: (2) Ue een fa sprint cn; an nar pena Stata by the party rising Ue eontttional queaion: (3) the bln that the fet be exercised at Use easiest opportunity and 4) the neces thatthe eonaitational question be passed upon In border to deide the case = 1.84 Appropriate case. "The cae in which the question of sonsittionality of tat- te is raised must be e bona fide ease, one in which teases 2 [sible controversy, the resaltion af whidh the court wil have to choone Between the Conatation and the challenged statto:™ Sudietal power isl ‘Intresort and a ncesity in the determination of rl stu, earnest, tnd vital eatrovery between itiganta’™ Generally, a controversy is justicibl if refers to a matter ‘which ie appropriate for soar review It pertain to lacus which fr inereily susceptible of boing decided on grounds reigned In law The Court does nt astmatially ascue jurado over civ eonstitational cscs broght before vei stanoe that fe ripe for resolution. One das feet wherein the Cour hes tates to ral on areola questions The reason i hat pl fel questions are coeernd with iatuen dependent upon the wis ‘he pio quan tenes anlar ote oan poe ola qertion being function tion of powers the cours wil at normally Sterfore with the merking of enter ‘ove! branch une the cae shows ales ad forte courts epi hin in Catt Honees he 8 tution expands the concep of Juda review by providing {int “he Jada power thal be vested in one Supreme Court fd in such lower cones ab may be etablihed by lw Socal Bower incudes the duty ofthe courts of jutce fo ele weal Scntoverse involving rights which are legally deandable and tnfbecabe. and to determine whether or oot there hay been a {ree shun of dicen sromntng oak r cee ofan {the prt of any breach or intrmentality te Goverment” 1.85. Standing to rue, “Legal standing” ot locus stand has boon defined as a pe sonal snd substantial interest inthe ease sich thatthe party has ustained or will sustain direc injury as a result ofthe goveramen fal act that is being challenged, The term “Interest” mene a nate inl interest, an interest in ese affected Uy the decree, as dit rushed fom mere interert im the question Javolved, or @ mere Incidental intrest. The gst of the qvetion of standing is whether «party alleges such personal stake in the outome ofthe contr ‘versy aa to atrure concrete adversenees which sharpens the pres: fnfaton of issues upon which the cour dspends for tuminatan of Aiealt constitutional qoertion A citizon acquires standing only if he can establish that be thes suffered some actual or threstened injry as a result of the ‘lege legal conduct of government; Ube sary fay taco- She to the challenged setion; and the injury is key to be To: Sreesd by favorable action. On the other hand, taxpayer i ‘iemed to have the standing to raise a constitutional iasue when it ‘s'eetablshed that public funds have been disbursed in alleged fontravention ofthe la of tho Constitution. A taxpayers sult is ‘openly brought only when thee it an exerise by Congres of it thing oF spending power” [Not every werson or taxpaver can question the constitutional ity ofa law The rule ie thats poron who questions the validity of 1 sdatte mast show that he has sustained, of isin immediate ‘hanger of sustaining, some direct injury as a resto ts enforce cnt He mist have a personal and substantial interest in the NSe uch thatthe eforcument ofthe law teased him oe wil ‘te him dec aj Conerot injury, whether actual or threat= Sed, the tndlopen fet wo east tin form ta \viten the atserted harm sta generalized grivance shared in sub- antially equal mearure by all ora largo class of citizens, that farm alone normally dove not warrant exercise of jurisdiction. ‘Without such diet inry the patton challenging the ely of «| atten ease of ston and shouldbe dlsmssed In the determination ofthe degree of interest essential to give he noise standing to attack the eanatitubonality of « statute, the general rule is that not only persons individually affected but tho taxpayers have nalfcent interest in preventing the legal vulture of moneys raised hy taxation and may Usreare ques lid the validity of laws requiring expenditare of public money. Thmpayers may bring aa ation fo restrain ofa fom wasting Jbl funds though the enforcement of an invalid or uncontitar‘ional lay. Soiled taxpayor's eit is based onthe Uaeory that the expense of public funds by an offer of the state forthe purpose of administering an unconstitutional act constitutes = ‘misapplication of uh Randa [A taxpayers! cut will not be entertsined where the statute ‘ing hallenged dove not invalve the expenditure of public funds, whore ther tno allegation that tax money is being spent in viol Tom af « specific pviaion of the Canstiction or that there is tritapplicatton of publi funds, or ehat public money is being de [ected to any improper purpose, or where petitioner doesnot sel. fo restrain the publ offiils concerned frm wasting puble funds {hough the enforcement ofan invalid or unconstitutional La Bat even ifthe challenged state involves th expenditure of pub Te fonds or thore i allgation concerning tho misapplication of public money through enforcement of an invalid law, t doesnot eceaseriy follow that the taxpayers’ suit willbe given due arse, {or whether er not the court will entertain the sult is « mater of Sil discretion thas been held that a member ofthe Senate or ofthe Howse of Representatives has the legal stading to question tho validity ofa Dresdental veto or «condition imposed on an tem in an appropri ons il, When the veto x claimed to have been made without or in ‘Rana af the nuthorty vested in Une President by the Constittion, the ineoe of an lnnpermisnible intrusion of the Bxeeative into the ‘Gomain nfthe Leglagure ares, othe extent thatthe powers of ‘Comgrest are impaired ois the power ofeach member thereof, since hivafce confers right wo pariepae inthe xeric ofthe powers of {hat institation Anas fthe Bxecative which ingore the instieution Congres nutes derivative but nonetheless substantial inary, ‘which can be questioned by @ member of Congress In such a case, {thy member of Congres an resort to the courts." vai ‘The Supreme Court may, ite ieretion, tke cgeisance af sat which dee no ati the reguement of legal standing a ttn few ene, the Coart has adopted m Hkeral atitude the {teu tan of ptioner whore the pation ale to era 2 ‘iw of transcendent sicance tothe peopl. Ths, when the tos raised are of paramount imporeanee tothe publi the Court nay brs ase technicalities of prooedure, as when the petition Ivan oti nn ch dre ie won the Cour in view of thar seriousness, novelty nd weight a= ‘dea such a the cling by the President forthe deployment of the Philippine Maries te jin the Phippine Notional Pace in iy ptrele around tho metrpaia™ 1.36, When to raise constitutionaity, \Wellentrenched in constitationa nw is Ube precept that con stitutional question wil not be entertained hy courts unless they ‘especially rane, insisted upon, and adequately argued. Ror the ebore to inquire ino the conatitationality of a law the party ising the question of its validity mast raiso it at the earist| portunity. This means thatthe question must be raised in the ‘implant or petition by plant or petitioner, or inthe answer by ‘ofedant or fespondent. I the question isnot raised inthe pled in, ordinarily it may not be raleed at the teal, and i ot Fae Inthe eal wil ot be considered on appeal Thorw aro cortain excopions to the rule requiring that the ‘weston of validity of a statuto must be raised at the earlieet portunity to justify judicial intervention. The question may be raised in motion for reconsideration or new tral in the lower Sur, whore the statate sought tobe invalidated was notin exet- rice when the complain waa fed cr during the tiaL™ The ques. lon of waliity ray alo be aed in rein caen at any stage of {he pracedings or on appeal, el eases where appears leary Inet hr of th Pipe Zor, 11 SCAD i, 38 SCRA‘that determination ofthe quetion i necestary to a decison, and in cane where it involve the jriadition of the eourt blow. 187, Necessity of deciding constitutionality. tis well-settled that te ort will not pase upon the validity of. statute fit can decide the case on some other grounds; wil leave {he souitutional queston for consideration until an appropriate ase arises in which a decuon upon such question x unavoidable." ‘This does not mean that to avoid a constitutional question, the court ‘ay decline to decide the case on the merit. If the only issu isa onetitutional question which ie unavoidable, the eourt should ‘Sonfoat the question and decide the ease on the merits" [Nor will the court pass upon the validity of «statute where the iaue raised in th ense ar apparently become moo, In sch ‘event, the coor will dems the aoe on such ground. "The court may, however, relax atrict compliance with the pro cedural requirements fr the court to Inquire into the constitution tity of «lave Where the constitutional question is of paramount public interest and tei of the eens in the rvation af such frst, adherence tothe sree procedural standard may be re- Ined.and the cout, in its diseeton, may equarely decide the tase And where the quertion of valiiy, though apparently has [come moot, has become of peramouat public intrest an there i Undeniable necessity for a ruling. strong reasons of publi ply inay demand that ts eonatitutionality be resived ‘The fact that the validity of «statute has not been challenged or many yoars doesnot prelude the art fom passing upon that “question inan appropriate esse, Nor doe the creunstance that Statute hasbeen accepted a valid im easea where its validity we ‘ot raked, prevent the cour from lee passing on its consttaton- "ean Mil Brewery, oe «ag, Gl No.4, Spt 8 887, 2 Pee = Raptr of Dl, 70 Pi $8104 ‘Gade Casares ON BR, Ap 8 1, 22 lity, where that question is squarely and propery raised. Such ‘reumstanees merely relnforee Ube presumption of conaittion ity ofthe law" 1.38 Test of constitutionality ‘The test of eonstitaionsity of statute ix what the Constita- tion provides in relation to what can or may be dane under the tue, and not by what it has been dane under i A state may ve declare unconstitutional boeause i is net within thelgllauve per Co enact ari erentes or eetblishes methods or forms that Infrnge constitutional principles; or its purpose or effect velates the Constitution oF ita base prineplen "The court may strike ‘down Taw 08 unconstitutional when it allows something tbe ‘he which Ube fendamenal law condemns or probibite™ or when ittempts ta validate a course af condact the effect of which the Constitution epecfealy forbids, The court may not declare a law ‘unconsttationsl on grounds other than conttational."* ‘statute may alm be declared unconstitutional because itis syue. A statute ls vague when it lacks comprehensive tandards hitmen of common intelligence must necessarily guese at st ‘nening and differ in ts appiation. In such instance, the statate Ui'repugnant to the Constitution in two respects: violnter de frosene fr fare ta sccord the people fir notice of what conduct Uiaveidsnd t Teave law enforcers unbridled daceton in earying ‘oul ts provisions and becomes an arbitrary flexing af the Inovernment mosel. Te change of ercamstancee or conditions may allot the va lity of some states, specially those so-called emergency Tews ‘enined specially to ree certain contingencies, They ere deemed nlittinal at the ime of thelr enactment aaa valid ener of bl power: When the court declares a statte of such type uncon tonal cause the emergency has passed or there have heen thang in ercumstances and conditions doe vy not bectoae itoes not volte the Consittion but because the change in cru tances and conditions makes the continued enforeement of the ‘Satute violative af ve Constitution or its basi principe With reepect to ordinances, the tests of validity are: (D) It must not contravene the Consittion or any statute; (2) Tt mast ‘ot be unfair or pressive (3) It must not be partial or dscriminw ory; (4) fe man mot prohibit but may regulate trade; (6) 1 must be {general and casistent sith pblic poi, and (6) It most not be Mateasonabla™ 1.99, Rrfects of unconstitutionality. “The general rules that an unconstittinal act isnot a law it cnfrn ne rights it impos o dts i allords no protection; it ‘eaten no fice, its legal contemplation, inoperative as though {tnd sever been paseed™ However such broad statements as to the lets of wneonatitutionalty of statute must nt be taken ‘rathout quaifiations, For asthe court in a eate explained “The {rtual existence of statute, peor to such a determination, is ab “perative fac end may have coneeqnences which eannot just be ‘Poored. The past cannot always be erased by a new judicial ‘declaration, Tho fet ofthe subsequent ruling a oinaliity may hve tobe considered in various pects — with respect o particular ston individual and corporat, and pariclar conduct, private {nd ofclal Questions of rights claimed fo ave become vested, of ‘Statun or prr determination deemed to have finality and acted ‘Spon hoconlingly, of publi pley inthe light of the nature of the ‘Mute and its previous application, demand examination."*" Prior othe declaration of ml, the challenged statute mast have been in force aad had to be eomplied with, ani the court i [rn appropriate sate declares its invalidity, Parties may have acted Cinder i and ay have changed ther positions. Regard should be the fo what hasbeen done while th satate was in operation and “shine = Bhan, i 1S Dg Arent 368 2 agi «Bove Papen nt 3 SCAD 24 SERA ei - pretumed tobe valid. Hence, ts operative fact belore a declaration St nulty must be recognized." "Since under our Constitution, judicial review exits precisely to test the validity of executive ats tn an appropriate legal procedings, there is always the posiiity| ot thelr being declared inoperative and void. Realism compels the ‘eceptance ofthe thought that there enuld be a time-lag between the inition of euch presidental or congressional execiae of power find the final dedaration of nullity the meanwhile, it may be productive af confusion, perhape al Umeseven of chaos, partes !Mfbeted wore Int foe to disobey st n Use meanwhile. Since, Bow ‘ver, the orderly processes of government, not to mention exmmen anes, require that the presumption of validity be accorded an act ‘Congress or an order of the President, it would be less than fai, ‘and it may be produetive of injustice, if no notion of ts existence sfc be paid 10 "Tho past cannot be erased hy anew judicial declaration. The ssa of the subsequent raling as to invalidity may have to be onsidered in various aspects with respect to particular conde, private and ofl. Questions of rights claimed to have booome sted, of status, of prio doterminations deemed to have finality vnd acted upon accordingly, of publi policy in the light of the ‘ture both ofthe statute and af ts previous applietions, demand ‘amination, These questions are among the most dfeu of thoee which have engaged he tention of courta™ "The rule on the effects of unconsittionality of « law has rn vested a fellows: “There are two views on the effects of a declaration of onaittionality ofa statute The fest isthe orthodox view, Under this rus nounced in Norton: Shelby, an unconstitutional at isnot a Tn; confers no right imposes no duties it fords no protection it ereates no oc; Iti, in legal contemplation, Ca fA, 4 BAD 8, 227 SERA.inoperative, aft had noLbeen paso Ite therefore stiken ‘fom the satute books and considered never tae existed a fi, Not only the partes bat all pestons sre bound by the {lcleration of unconstisionslt, which means that no one Inay therefore invoke it nor may the eourts be permitted to {ppl itin subsequent case. Its, in oer word, total malty. “the second or modern ve is Ie sringent. Under this view, the cour in passing upon the question of costtional- Uy does not asl or repeel the statute iit finds iti cont ‘with the Constitution. Ie simply refuses to recognize it and “letermines the rights ofthe patios just as ifeuch statute ad tno eutence, The court may give is reasons for ignoring or ‘Kovegarding the law, but the decison affects the parties only Sind there i no judgment agpiat the statue. The opinion oF easons of the court may operat a a precedent forthe dete ‘mination of other similar eares but it dove not strike the ‘latute from the statute books doesnot repeal, supersede, evoke, or annul the ratte. The patios tothe sult are con: ‘ded ty che adgment, but no ane else is ound. ‘the orthodox view is exprescd in Article 7 of the Civil Code, providing that when the courts dedare a law to be {nconltent withthe Constitation, the frmer shall be void fd the ltr shall govern xx" “The strict view considers legislative enactment whieh is declared unconstitutional st being, fr al legal intents and Prposet total nll and it i deomed as if had never {ised Here, of cours, we refer to Use Taw? itself being per ‘epugnant to the Constitution Tes not alwaye the case, how: ver that lave conatittinally faulty per se. Thus, it may ‘roll be valid in ite general import but invalid in its apples on to certain factual situations, To exempli, an otherwise Valid law may be held nonatational only instar as Wis ‘Mlowed to operate retompectively such a, in pertinent cases, sre it witates contractaaly vested rights. To that extent Ttroucive application tnay be wo dedared invalid a impal {ng the oblgntions of contracts “A judi declaration offal it also true, may ot necessarily obliterate al the effects and onsenuencs of ‘oid ne oeurring prior to wich declaration. Thus, in our dec ‘Sons on the moratorium Ins, we have been constrained to ecognize the inert fect of ani laws pri other dela ‘ation of uncontttionaity, but there we have Hkewise Been tenble to simpy ignore song considerations of equlty snd iis pla. So al, ren ats pci mater, aston that tay apy be dese a fal ocompl yi longer be open {or farther ings et aloe to be umeted by mune Aecleraton of lity ofa governing tatata™= ‘Thus, the election of persons to a board of diestore held pprsuant fo @ law before the law ie declared unconsittinal i Presumed valid until ite delaretion of mulity= 1.40, Invalidity due to change of conditions. ‘Tho general rule a to the effects of unconaitationslty of siotato™ is not applicable to a statute that ie delared invalid Ineause of the change of creumstancos affecting ita validity. The reason is obvios. A latate ofthis type belongs to the class of mengeney law. Ie is desmed valid atthe time of ts enactment a= in exercae of plice power Tt Becomes invalid only beenuse the ‘hang of conditions males ta continued operation violative ofthe Constitution and csordingly, the dedlaratin of it malty shoal vet only the partie invelved in the esse and its effete applied prospectively: Thus, in Ruther, Bsteban,® the Cour declared the ‘moratorium law suspending the peried of prescription of actions “incontitational an May 18 1953 beenuae of the change in candi tine Before sue date’ of declaration of naliy it has been held thatthe meretarium Taw as in fll free and suspended the pe- "oof preseription of actions LAL, Partial invalidity. ‘Tho goneral rule ls that where part ofa statute is void agnant to tho Constitution, while another partie vali, the Xalid portion, if separable from the invalid, may’ stand and be ensec The presence fs eprality ln a a atte renee Seemptb tha th loglatae ended spray, aor ‘hate nl, fhe at ae a A255 gran mat be a indpendent the els prion hat TEE eesame tat tenga mold hae ema by ESriic Toad tat cou conan enact the Soir ihe meer main fo makes cmp, lige, and SENT ae heh sie ut th lepalve ietent The vod Te a teclininnted wont ning resulting the ropa ae etn nana conta intention Beltane te lngunge me neva pr a taal 25 An na eet reac for any pope ator td Sut nns‘at expos ihe legate wl npg of TORTS ES ut un hs a porertoleiate™ ‘he ection othe general a tht wen the pat fa statute wre a mutually dependent and connected, as conditions, ‘Soult, cement arempenain och ht ce eth oie nando them no wl the Engr atepr il inte the fn Inking te rte the Bats donde, conto conned ith one me, the iene eno rio dn wl chav ou it if one part vin whch coe i ee Joes are unresiatoan, ll the other provisions thas dependent, ‘eta ercmnstd tus fait em" 1 Secwary of the Departmen of Brean stats te one te accra ron tb ts pal ee reine ee Gur declared nee) provers of Rep at sia shereie known oe "An Act Deeplting the Down Mean Ol tala an or Oter Parsee a nena ‘Sowa atuce red is water th ety af he Shree proisns Grete the ete HA” Nov 8180, sy to render tod Ine Seca On this past, the mary of the Cur rl magenta oan SNe one O83 Teak ‘that the nullity of the provisions infected the whole ‘separability clause notwithatanding, hus: Wecometo the final poi. Wenow revave the total effect of the untimely deregulation, the imposition af 4% tart AUerenil on imported crude oil ind refined petroleum pro ‘cts, the requirement of aventory ad the probiton on pred tor pricing on the unconstitationality of RA. No. 180. The ‘Question is whether these offending provisions ean be individually struck down without invalidating the entire RA No, 180, The rling ease law is well stated by autharAgpalo, mits The gonoral rule i that where part ofa statute i void ‘as repugnant to the Constitution, while anather part svi, ‘the valid portion, i soparablo from the invalid, may stand and ‘be enfiree. The presence ofa separbiity aus ina statute ‘restos the presumption thatthe lalate intended separa: bility, rather than complete nullity of the ratte, To justly {hi result, the valid portion mst oo fr independent of the Invalid portion thet itis fair to presume thatthe logalatare ‘ould have enacted it by teat had suppoved that i could ‘ot constitutionally net the other. Enough mut remain £0 ‘make a complet, ineligible and valid statute, which eariot but the lilative intent xx “Th excoption othe general rule ie that when the parts of statute are m mutually dependent and connected, at tonditiona,consderstians, inducements, or compensations for ach other, as to warrant a belie that the legislature intended them as whole, the nullity of ope pare wil vtiate the rest. Tin making the pare ofthe alate dependent, conditional, or ‘innected with one anthor, the legislature iniended the iat tute to be cari aut aa whale and would not have enacted it {fone parts voi, in which ea If some parte are unconatta- tional al the other provisions thus dependent, conditionl, or ‘connected nat fall with them" “RA. No, 180 contains a separability clause, Section 22 provides that ‘ifr ny reason, any section or provision a thie ‘Actix declared unconstitutional or invalid, such parte not fected thereby sal erin in all Frc and let? This Separabiity clause notwithstanding, we hold Usa the fend {ng provision of A No, 8160 wo infirm tear that thetine low as to be struck down. The provisions on tart ‘iferentn, inventory and predatory pricing are among the principal prope af A. No, 8180. Congress could not have egulsted the downstream oil indoatry without these provi ‘Sons: Unfortunatly contrary to their intent, these provisions fn tani differeatil inventory and predatory pricing inhibit {ais competition, encourage monopolistic power snd interfere ‘wth the free interaction af markt fees. RA. No. S180 needs ‘Provision to vouchaafe fee and far competition, The ned for {here vouchsafing provisions eannat be verstated. Before de- ‘agulation, PETHON, SHELL and CALTEX hed o rel com ‘ett bat didnot have a fre run of the market because {Zovernment conto bth the pricing and non-pricing aspects tthe ol industry. Ate deregulation, PETRON, SHELL and ‘CALTEX romain unthreatened by rel competition yet are no Tanger soba to cntel by government with respet to their ‘priing and non pricing decisions. Th aftarmath of R.A. No. ‘SIND is a dereguted market swhere compeition can be eot- rupted and where market forces ean be manipulated by Peto ‘The Court again applied the exception to the rule onthe effet of partial invalidity in Antonio o. COMELBC." Section 9 of RA. No 657, which provides n part that “The decision af the munisipal fr metropltan tral court (in contests relating to te election of «| ficial) maybe appealed within ten 10) day rom receipt ta copy theent bythe aggrieved party tothe regional tial court 4" In Flos COMELEC, the Supremo Court declared said Drovsion unconstittona, a volatve of the Constitution requiring thatthe Comminsion on Elections shall have applets jurisdiction tree all contests involving sleeve barangay oficial. The Seeue ‘sed in Antonio | COMELEC is whether the peried of appeal I sll en (10) days and not fve (Says as provided for in See 22 of RA. No. 7165 tothe effect that decisions of Rogional Trial Court ray be appealed ta the Commission on Elections witln five () ‘days from receipt of the questioned decison. The petitioner in “Antonio w. COMBLC clsimed that sine the Court declared Se. ‘R.A. No, 6679 unconstitutional only instlar as ik provides that Inarangay election contort decided by the manip ete and Operation ‘rial court shall be appealable to the roional tral cour.” then the provision on the 10-day period to appeal is not affected by the Ecdaration of unconstitutional. The Court ruled, applying the txcepion tothe rale onthe effect of partial invality ofa statute, {hat the invaliity luo vititad the provision on the 10day period to appeal because Section 9 dose nat remain complete in ite ‘without the invalid portion; thet whet was declared unconstitational ‘vas the whole appeal tel and nt jut the portion providing appeal to the Regional Trial Court: and that there would be no loge in rung that longer period to appeal to the COMELEC should ‘apply to election eontests for barangay official. F. EFFECT AND OPERATION 1.42, When aves take effect. ‘Artie 2 of the Civil Code provides that “laws shall take fect far fiReon days flowing the eompletion of their publica. tion in the Oficial Gaza, unless ei otherwise provided x = Section 18, Chapter 5, Book I of the 1987 Administrative Code provide that lew shall take effet after Stoo (15) days follow Ing the competion of thei publication in the Official Gazette ori ‘ newspeper of general culation, unlee itis otherwise provided” In Toad o. Tuera,* the Supreme Court held that all laws or states including those of los! application and private Isms, hal be published as 9 condition for their effectivity. Por Taw which is made effective bythe legislature upon it approval or on Uny other date without previous publication will voleto the due Droceoe claute of the Constivtion which requires its publistion before i becomes binding, The general roles that where Ue aw is ‘lent as to is effectivity or where it provides that it shall take ‘Stet immediately or upon its mpprovaly such Ia shall tke effect ster fifteen (15) daye fom its publieaton inthe Oil Gazette or ina newspaper of enerl crelation. However, te legislature mas, bylaw ory the particular statute fel, provide that tell take tect on particular date or after erin period from its publica- tion in the Official Gazette or sn a newspaper of general ical ion, in which case it shall take effet as thu specially provide, ‘which isha the phrase “unless fe otherwise provided” in Arti ‘le 2 of the Civil Cade or in Section 18, Chapter 6, Book I of the1087 Administrative Code refers. The completion of publetion, fom which date Ube period of publieation wil be counted, refers the date of releas of the Oficial Gazette or newspaper for cies tion and not to isda, neat the two dates cincde. ‘The case of Teta v Tavera, supr, abandoned the rulings in previous cate, in which twas held that laws tak elle on the date therein spelfid, such as upon epproval or immediately, without ‘eed of publication in the Official Gasetie at sonditon for their ication or alent oto when it hal take eflect hat publction {s vequired fr its effectivity." The ruling inthe Tana w. Tuvera ate rests on the geal principle tht before the publics bound by the provisions of the la, they must be published and the people offically and especialy informed thereof which sa requirement of due process of law that carinot be dispensed with by the legilature.™" Tt has boon held, however, in the subsequent case of Phil torons Bank Brployeee Union Vega, thatthe phrase “unless At ls otherwise provided” provides an excoption as tothe date of effectivity ofa statute, in that Congrese may provide in the law hati shall take effect smmediatly upon ite approval. Tie ease fppeara to be in cont with the Tanada Tuer case, supra in ‘which it wes held that publication is a “must” before a state Trecomes effective even though i provides that i shall tke eet ‘pon its approval 143, When Presidential issuances, rules and regulations take effect, ‘The President's ordinance power includes the euthoity wo Is. sue executive orders, administrative order, proclamations, memo- fandom orders, memorandum circulars, and general or special or. fdors.™ Tho requirement of publication as m condition for the [nen Re i rend mcrae Gareatean.o wise mers wel oe Fo a 4 Pl 1 1954 Lim Ta Cetra Bak, sna iaence eoe ed te and Open foie of atts applies to Presidntilissuaness, which means thatthe shoald be published in the Ocal Gazete or in newer fpper af general cyeulation before they become effective, excopt those which are merely interpretative or intrnal in nature not oneerning the publ ™ Generally, rules and regulations issued by administrative or ‘xccutive aloes are of two types, namely: those whose purpose is {e enforce or implement existing law pursuant toa valid delegation tito fll m the detols of state, and those which are merely Interpretatiee in nature or merely internal in character not on ‘ring the public The fest requires publication for it effectivity, while the second does not. Interpretative regulations and those Internat in nature, that is, eoncorning the perannel ofthe admin Iitrative ageney and not the pli, neod not be published. Neither ie publication required of eters of instructions isued by adminis tative naperiorsconcering the rules or guidlines to be followed by their subordinates inthe performance of their duties." ules and regulations issued by administrative or executive cers to enforce ar implement & law or to fl inthe detale of a oe, whether they are penal or non-panal, take effet after ff {en days flowing their publiation in the Official Gazette or io a tewspaper of general cirulation, unless the statate which author lien their aeusnee provide «diffrent dae of effectivity ater auch Publication" In addition, such ral and regulations must comply With the requirements of fling. The 1987 Administrative Code pro- Vides that "1) Every ageney shall fle with the University of the Pilippines Law Center three (3) carted copies of every rule ‘nlpted by Rosin force om the date of the efetivity of this Code which are sot fled within three (3) months from that “dle shall not thereaRter be the bass of any sanction against any brty oF persons" The Code also provides that “In adit to fither rulemaking requirements provided by law not inconsistent With thie Bonk, each ral thal bocome elective Aeen (5) days {hom the date offing as shove provided unless different date is we Char, ea VI 197 distri Cefixed bylaw, o specified inthe rule in eases of imminent danger to public heath, safety and welfare, the existence of which must bo "xpresed inn statement accompanying the rae. The agency hall {ke appeopeiate meavares to make emergency rule twa to por Sons who may be affected hy them" The requirement of publica tion is designed to inform the people of the roles and regulations before they ean be bound thereby. and the requirement of ling is Intended to have s contal office, namsly, the UP. Law Contr, ‘where intersted persons can readily secure copies of rach rales find regulations of cheek un Uneir existence ‘The publication and Sling requirements are indispensable to the effetvty af rules and relations: Both requirements must be ‘enmpled with, except when the law authoring the insure of he ‘ules and regulations dapenses with thofling requirement in which fase publication, which eannet be dispensed with without violating the de proees clause, will be sufcent to make thom effective." ‘To illustrate the rule, DMB-CCC No. 10 may be cited. This circular disallowed car plans, which wore previously allowed for officials of Philippine Ports ois. The Court red that to he ‘Mlectve, this crular should frat be published in the Ofc Ge elie because the site was not just an interpretation or internal egulation, Dut one which deprived governmeat ocala of thelr allowances and additonal compensetion. Its subsequent publics tion di not care the fatal defect of lack of publication, nor did it rotroact to Uh tie thatthe euler was frat iaued; could not ‘ppl pronpectivel = 144, When local ordinance takes effect, (2) Unloss otherwise stat inthe ordnance or the resohe: tion approving the local development plan and public investment program, the same shall take elt after ten (10) daye frm the fate a copy thera is posted ina bulletin board atthe entrance of the provincial capitol or ety, municipal, or barangoy all a the fase may be, and in at leet to 2) other congpieuous places inthe local government unit concerned. ‘SPD terminal Rag arp An 6 ACAD 46,260 SCRA ak te and Option (©) The sseretary ta the songunian concerned shall cause ‘he posting of sm ordinance or revaltion in tho bulletin board at the entranee of the provincial capitol and tho ety, municipal, or Inrangay hal nat Tent two (2 eomspiesous places inthe Toca Inmernment nit concerned not Inter than five (6) days after ap proval thereat. ‘The text ofthe ordinance or resolution shall be disseminated sn posted in Filipino or English and inthe language or dalet Uindratood by the majety of the people in the lea! government nit concerned, nd the seerotary to tho sangatunian shall record ‘ch fac bool Kept forthe purpose, stating the dates of sp- proval and posting (e) The gitt of ll ordinances with penal sanctions shall be ublshed ina newspaper of general circulation within Use province ‘ter the Ia! legate body concerned belongs. Inthe absence Wing sewspapar of general creation within the province, post lief such ordinaneee shall bo made in all munidpaliies and ‘ilies of the province where the songgurign of engi situated, (a) In the cate of highly urbanized and independent compo- nt ites the main features ofthe ordinance or reolution daly ‘nt or adopted shall, in adation to beng posted, be published nce nm Jel newspaper f generel civulaion within the city Provided, That in the absence thereat, the ordinance or resolution shal be published in ny newspaper f yeneral ceulation highly urbanized city in ity with a minimum population u two hundred thousand a certified by the National Census and Sustites Ofc and withthe Ietost annual nome of at last ity million peso based on the 1991 constant pricey, as certed by the 145, Statutes continue in force until repealed. In terms of their duration and effet, ststter may be perme nt and indefinite or temporary. Temporary statutes are those that, secording to thle provisions, are in force only for a inited Pie, and they terminate upon the expiration of Use tem there Minted or upon the oocurrence of certain event. No repealing stat- un ncenuary tring temporary Iw to am en""Tho vast majority of the statutes are permanent and inde rte, Unless state aby ies provisions for a Kimited period only ‘continues in free until changed or rposled by the legislature. It has heen held that “aw once established contin untl changed by some competent legislative power. eo not changed by change of sovereignty except that of a poital aatue. "There can be 20 break a itarrogmam in Ine. From the time law comes into exit- tee with the frtel comporateness of primitive people t must Inst unt dhe Gaal disappearance of human seit. Once create, it persrt until a change takes place, and when changed, it continaes {in such changed condition until the next change, so forever. Con ‘questo cloniation ie impotent to bring law oa end: in spit of ‘Shang of constitution, the iw continoes to be changed unl he ‘pew sovereign by lepaative act creates a change. 146, Territorial and personal effect of statutes, Nothing ie bsttor settled than thatthe Philipines being in Gopondent and sovereign, ts authority may be exercised over ite fentie dominion, There ie no portion thereof that is beyond its power, Within its limits ite decrees are supreme, its commands pratnount. Tes laws gover therein and everyone to whom It ap bles ast aml toe erm, That isthe extent of jurisdiction, both tertorial and personal" 142, Manner of computing time. Wen law epenks of years months, days o nights, undersiod that years are of three hundred sst)-fve ‘months, of thirty days; da, of twenty-four hours; and nights from Sunet to sunrise," “If month are designated by their name, they hal bo computed ty the numberof days which they respectively Jhava”"tn computing a pered, Use frst day shall be excluded, and the last day ince." Where the word “week” is used asa meas ‘ure of time and without reference tothe enlendar, it means a pe- 23 a SEER ean Prog Gant, GR: No 4, Oc 261973, Be and Orton rind of seven consecutive days without ragard to the day of the ‘hr fram which st begin. ‘The Civil Ce adopt the 965ay year andthe 0-day month, ot the calendar year nor the claro civil month. Hence, year is {ie considered to have 265 days even f that particular year ia leap year witha extra day init In computing years the fst eu rched after completing the fie 365 daye. Alter the fat sith day, the fist. day ofthe second S65-day eye begins. On the sth day ofthe second evee, dhe person turns two vents ol. The ‘jlo oes on and on in time. A person turn 21 years ol on the 368th day of hla 2138 866day egele. Tis means that en his ‘ot bdhday he has completed the ene span of 21 365-day ep. ‘ler this birthday, the 365-dnyeyle for hie 2nd year begine. The lay after the 365th day i the fst day of the next S6E-day cycle tn he turns 22 years al onthe Sst day” ‘Where a statute requires the doing of an at within a specified ‘ume day sch a= ten da, fom noice, t means tn calon- ‘has and ne ten working daya™ "The exchudethefirst and includethedast day role governs lw computation of period For instance, one your frm October 4 16 is October 4, 1947." IFby applying the rule thatthe ist day shal be exchded sod the lst day included in the computation ofa feria within which an act shall be dome, the lst day fll om & [inlay or hod, the at ean sil be dane the follwing day Thi principle dass not aply t the campatation of the period of ripton of erie, in which the re is that ifthe ast day i end of prescription ofa felony falls on a Sunday’ logal the faformation conceraing sid felony eannot be fled oa the next working day, a the offense has by thon already pre- seria" SRaancares Oa TT = Moi Se 280A 188,27 SCRA I eel OR eS ete ped