Statutes and their Enactment A.

Definition Laws, generally o Refers to the whole body or system of law o A rule of conduct formulated and made obligatory vy legitimate power of the state o Includes statutes enacted by the legislature, PDs, and EOs issued by the President, rulings of the Supreme Court construing the law, rules and regulations promulgated by administrative or executive officers pursuant to a delegated power, and ordinances passed by sanggunians of LGUs. Statutes, Generally o An act of 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 o those passed by the Philippine commission, the Philippine Legislature, the Batasang Pambansa, and the Congress of the Philippines. o Public Statute one which affects the public at large or the whole community ; a general classification of law, consisting generally of constitutional, administrative, criminal, and international law, concerned with the organization of the state, the relations between the state and the people who compose it, the responsibilities of public officers of the state, to each other, and to private persons, and the relations of state to one another. Public law may be general, local or special law. > General one which applies to the whole state and operates throughout the state alike upon all the people or all of a class; one which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class > Special one which relates to particular persons or thing of a class or a particular community, individual or thing.

> Local one whose operation is confined to a specific place or locality (e.g., municipal ordinance) o Private Statutes- one which applies only to a specific person or subject ; defines, regulates, enforces and administers relationships among individuals, associations and corporations. B. Classification of Statutes According to duration 1. Permanent one whose operation is not limited in duration but continues until repealed 2. Temporary a 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 According to application 1. Remedial Law- providing means or method whereby causes of action may be affectuated, wrongs redressed and relief obtained; remedial by curing defects and adding to the means of enforcing existing obligations 2. Curative Statute a form of retrospective legislation which reaches back into the past to operate upon past events, acts or transactions in order to correct errors and irregularities and to render valid and effective many attempted acts which would otherwise be ineffective for the purpose intended. 3. Penal Statute defines criminal offenses specify corresponding fines and punishments. 4. Affirmative Statute directs the doing of an act, or declares what shall be done in contrast to a negative statute which is one that prohibits the things from being done, or declares what shall not be done. 5. Mandatory Statutes generic term describing statutes which require and not merely permit a course of action. 6. Substantive a law which creates, defines or regulates rights concerning life, liberty or property, or the powers of agencies or insturmentalities for the administration of public affairs

 In respect to forms Affirmative Statute- directs the doing of an act, or declares what shall be done in contrast to a Negative Statute- which is one that prohibits the things from being done, or declares what shall not be done. C. Parts of a Statute 1. Title Constitution, Art. VI, Section 26(1). Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. mandatory provision Legislature is to refrain from conglomeration of heterogeneous subjects 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 Purpose o to apprise the legislators of the object, nature and scope of the provisions of the bill o to prevent the enactment into law of matters which have not received the notice, action and study of the legislators o to prohibit duplicity in legislation o to prevent hodge-podge or log-rolling of legislation o to prevent surprise or fraud upon legislature, by means of ptovisions in bills of which the title gave no information

o to fairly apprise the people, through such publication of legislative proceedings, of the subjects of the legislation that are being heard thereon o aimed against the evils of omnibus bills and log-rolling legislation as well as surreptitious or unconsidered enactments o used as a guide in ascertaining legislative intent when the language of the act does not clearly express its purpose o not required to be an index to the body of the act, or to be comprehensive as to cover every single detail of the measure if the title fairly indicates the general subject, and reasonably covers all provisions of the act, and is not calculated to mislead anyone, there is sufficient compliance. o Court: liberal construction of the rule Subject of repeal of statute o Repealing section in a new statute is valid, notwithstanding that the title is silent on the subject. o Where a statute repeals a former law such repeal is the effect and not the subject of the statute How requirement of title construed o Liberal construction o Where there is doubt as to whether the title sufficiently expresses the subject mater of the statute, the question should be resolved against the doubt and in favor of the constitutionality of the statute When requirement not applicable o Applies only to bills which may thereafter be enacted into law o Does not apply to laws in force and existing at the time the 1935 constitution took effect.

 Effect of insufficiency of title o Statute = null and void o Where subject matter od a statute is not sufficiently expressed in its title, only so much of the subject matter as is not express therein is void; unless that provision is inseparable to the others, then the rest of statute remains in force. Lidasan v. COMELEC Facts: RA 4790 An Act Creating the Municipality of Dianaton in the Province of Lanao del Norte was questioned because the title did not reflect the fact that 2 barrios from the adjacent province, Cotabato, were included in the new municipality formed. Held: Statute was declared unconstitutional because the title did not inform the legislature of persons interested as to the full impact of the law. Tobias v. Abalos Facts: RA 7675 recognized San Juan and Mandaluyong as distinct representative districts and was challenged for not mentioning any census which indicated that the two cities had the minimum requirement of 250k inhabitants needed to constitute a district, and for resulting in the membership of the House of Representatives to go above the 250-member limit. Held: Court held that Congress had made due consideration of the minimum requirement in the creation of new representative districts, and that the 250-member limit provided in the Constitution is not an absolute value. 2. Enacting Clause That part of a statute written immediately after the title thereof which states the authority by which the act is enacted Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

3. Preamble

 A prefatory statement or explanation or a finding of facts, reciting the purpose, reason or occasion form making the law to which it is prefixed. Usually found after the enacting clause and before the body Legislature seldom puts a preamble reason: it is put in the explanatory note PDs and EOs generally have preambles 4. Purview That part which tells what the law is all about Should embrace only one subject matter A short title, policy section, definition section, administrative section, sections prescribing standards of conduct, section imposing sanctions for violation of its provisions, transitory provision, separability clause, repealing clause and effectivity clause 5. Other Clauses Separability Clause o States that if any provision of the act is declared invalid, the remainder shall not be affected thereby o Nullity of one provision shall not invalidate the other provisions of the act o Not controlling; courts may invalidate the whole statute where what is left is not complete and workable Repealing Clause - announces the prior statutes or specific provisions which have been abrogated by reason of the enactment of

the new law. - Saving Clause restriction in a repealing act, which is intended to save rights, pending proceedings, penalties, etc. from the annihilationnwhich would result from an unrestricted repeal. Effectivity Clause o When the law takes effect o Usually, provision states that it shall take effect 15 days from publication in the Official Gazette or in a newspaper of general circulation D. Rules on Legislative Drafting Statutes and Their Construction (L Gonzaga) o Two steps involved in legislative drafting: 1.) Ethical or Formulation of Policy, and 2.) Technical or the Mechanics of Bill Drafting. 1. Formulation of Policy There are two kinds of policy: i.) basic policy, and ii.) immediate objective. Basic policy is the general or overall principle that everyone has agreed upon, while the immediate objective is more specific and targeted. Policy is determined by the judgment of legislators, with the assistance of specialists, pressure-groups, and others. 2. The Drafting of a Statute Legislative drafting involves: i.) mastery of language, and ii.) research. Drafters should also take note of: "(a) The exact state of facts in the field to which the law will relate; (b) The form of previous

statutes relating to the same subject in the same jurisdictions; (c) The form of previous statutes relating to the same subject in other jurisdictions; (d) The amnner in which such statutes have actually operated; (e) The consensus of opinion among experts as to the best method for meeting the problem." The Legislative Reference Service renders technical assistance to Congress by indexing Philippine laws and drafting bills. 3. Objectives of the Draftsman Drafters should "make his readers understand what is commanded and what is forbidden by the law." They should not adopt the style of literary composition, but should be "more like that of a man who writes directions on how to use a kodak or how to use a Burroughs Calculator. This practice will help minimize problems in interpretation. But no matter how precise a statute is crafted, there will still be gaps and ambiguities because: i.) one cannot forsee all the possible consequences of the relations between language, and the persons or situations where it might apply, and ii.) courts in some cases would want to follow a certain policy direction which the statute does not cover. 4. Problems of Drafting Either related to the form and structure of the statute, or the language used. Form and Structure o Dividing statutes into sections makes them flexible and facilitates amendments. o Drafters should follow proper construction and logical development of sections and other parts of a statute. Length of Sections

o There is no rule on how long or short sections may be, but it should be "made as brief as may be compatible with accuracy." Sentence Structure o A legislative declaration consists of a "legal subject" and a "legal action." o More complex provisions also have a "case" where its operation is confined, and "conditions" which trigger its operation. o The Problem of Language o Statutes should be written in "clear, simple, and concise language," but when they deal with technical matters, like laws regulating accounting practices for instance, specialized terms are unavoidable. o Drafters should also avoid variations in expression, that "the same word should not be used in different senses," and that when one word is used, it should be used and defined uniformly throughout the statute. o The present tense should also be used, as it requires less words. Legislative Analysis and Drafting (WP Statsky) 5. Steps in the Enactment of the Statute Constitution, Art. VI, Section 26(2). 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. Constitution, Art. VI, Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration,

two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it. (2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object. Tolentino v. Secretary of Finance Facts: Republic Act 7716 seeks to widen the tax base of the existing VAT1 system and enhance its administration by amending the National Internal Revenue Code. However, the constitutionality of RA 7716 was being challenged on the grounds of its procedural and substantial aspects. 1 Value Added Tax (VAT) is levied on the sale, barter or exchange of goods and properties as well as on the sale or exchange of services. It is equivalent to 10% of the gross selling price or gross value in money of goods or properties sold, bartered or exchanged or of the gross receipts from the sale or exchange of services. 2 Art VI Sec 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. 3 Art VI Sec 26 (2): 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 theeon shall be taken immediately thereafter, and the yeas and nays entered in the journal.

Held: Does RA 7716 violate Art VI Sec 242 of the Constitution? NO. It is not the law but the revenue bill which is required by Constitution to originate exclusively in the House of Representatives. Because a bill originating in the House may undergo such extensive changes in the Senate that the result may be a rewriting of the whole. As a result of the Senate action, a distinct bill may be produced. To insist that a revenue statute must substantially be the same as the House Bill would be to deny the Senates power not only to concur with amendments but also to propose amendments. It would be to violate the coequality of legislative power of the two houses of Congress and in fact make the House superior to the Senate. Given the power of the Senate to propose amendments, the Senate can propose its own version even with respect to bills which are required by the Constitution to originate in the House. What the Constitution simply means is that the 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 on the theory that elected as they are from the districts, the members of the House of Representatives can be expected to be more sensitive to the local needs and problems. The Senators, on the other hand, are expected to approach the problem on national perspective. Both views are thereby made to bear on the enactment of such laws.

Does it violate Art VI Sec 26 (2)3 violate the constitution? NO. The president had certified Legal Method S.No. 1630 as urgent. The presidential certification dispensed with the requirement not only of printing but also that of reading the bill on separate days. That upon the certification of a bill by the President the requirement of three readings on separate days and of printing and distribution can be dispensed with is supported by the weight of the legislative practice.What is the extent of the power of the Bicameral Conference Committee? The conference committee shall settle the differences of Senate and House of Congress. It shall make a detailed and sufficient report with explicit statement of the changes in or amendments to the subject measure, and shall be signed by the conferees. Arroyo v. de Venecia Court ruled that it has no power to review the internal proceedings of Congress, unless there is a clear violation of the Constitution. Pivotal issue was not lack of quorum, but lack of opportunity to raise lack of quorum, a procedural not constitutional requirement. Also, the enrolled bill theory holds in upholding the principle of separation of powers. Evidence of Due Enactment of Statutes 1. Enrolled Bill Theory the duly authenticated copy of the bill, signed by the proper officers of each house, and approved by the President, is conclusive upon the courts not only of its provisions but also of its due enactment. Bills passed by congress authenticated by the Speaker and the Senate President and approved by the President Importing absolute verity and is binding on the courts o It carries on its face a solemn assurance that it was passed by the assembly by the legislativeand executive departments. Courts cannot go behind the enrolled act to discover what really happened o If only for respect to the legislative and executive departments Thus, if there has been any mistake in the printing of the bill before it was certified by the officer of the assembly and approved by the Chief Executive, the remedy is by amendment by enacting a curative legislation not by judicial decree. Enrolled bill and legislative journals - Conclusive upon the courts If there is discrepancy between enrolled bill and journal, enrolled bill prevails.

 Mabanag v. Lopez Vito Parity rights amendment pass by a slim margin. May the court intervene and stop enforcement of the policy? Petitioners claim 11 legislators failed to vote against the bill; COMELEC cites election irregularities in suspension. Doctrine: On the issue of jurisdiction vis--vis conclusiveness of an enacted bill Court said it was a substantive matter vs. a matter of evidence. It dismissed the complaint. Influenced if not dictated by President Manuel Roxas, the majority justices held that the question raised was political in nature and so beyond their jurisdiction. It took all of 10 years for the case of Taada v Cuenco to reject that false doctrine Casco Phil Chemical Co. v. Gimenez Importation subject to foreign exchange margin fee, but urea and formaldehyde as principal raw materials for glue are exempted. Is urea formaldehyde also exempted? No, it is an intermediate product, in a sense already a finished product. Doctrine: The enrolled bill is conclusive upon the Judiciary, except in matters that have to be entered in the journals like the yeas and nays on the final reading of the bill (from Mabanag). If there was mistake in printing, remedy may only be sought through remedial or curative legislation, not by judicial decree. Morales v. Subido Morales, already as acting Manila chief of police, is disqualified by the CSC from permanent appointment because he lacks minimum educational and civil service eligibility. Issue is on eligibility vis--vis qualification. The Police Act is clear on the qualifications; a favorable amendment was introduced early in the debates but disappeared when the bill was finalized. Enrolled bill is binding, history is not. 2. Journal Entry Rule evidence appearing in legislative journals may help determine the validity of the a statute that has been challenged on constitutional grounds. Nevertheless, the enrolled bill is the only prima facie evidence valid.

 Astorga v. Villegas Upon being informed that the enrolled bill did not contain the amendment proposed by Senator Tolentino (regarding the powers of the Vice-Mayor of Manila) when the House bill was raised to the Senate, the Senate President withdrew his signature and notified the President of the mistake, who then likewise withdrew his signature. Fact is, there was no opportunity to apply enrolled bill theory. Doctrine: Journals of Congress may be resorted to when there is alleged discrepancy between draft and final texts of a statute. Here, journal showed that substantial and lengthy amendments were accepted but not included in final version signed by president.

STATUTORY CONSTRUCTION CHAPTER I PRELIMINARY CONSIDERATIONS STATUTORY CONSTRUCTION DEFINED Statutory Construction the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law. Justice Martin defines statutory construction as the art of seeking the intention of the legislature in enacting a statute and applying it to a given state of facts. A judicial function is required when a statute is invoked and different interpretations are in contention. Difference between judicial legislation and statutory construction: Where legislature attempts to do several things one which is invalid, it may be discarded if the remainder of the act is workable and in no way depends upon the invalid portion, but if that portion is an integral part of the act, and its excision changes the manifest intent of the act by broadening its scope to include subject matter or territory which was not included therein as enacted, such excision is judicial legislation and not statutory construction.

CONSTRUCTION AND INTERPRETATION, DISTINGUISHED Construction is the drawing of conclusions with respect to subjects that are beyond the direct expression of the text, while interpretation is the process of discovering the true meaning of the language used. Interpretation is limited to exploring the written text. Construction on the other hand is the drawing of conclusions, respecting subjects that lie beyond the direct expressions of the text. SITUS OF CONSTRUCTION AND INTERPRETATION In our system of government: Legislative power is vested in the Congress of the Philippines the Senate and the House of the Representatives Executive power is vested in the President of the Republic of the Philippines (Art. VII, Sec.1, Phil. Const.) Judicial power is vested in one Supreme Court and in such lower courts as may be established by law. (Art VIII, Sec. 1, Phil. Const.) Legislative makes the law Executive - executes the law Judicial interprets the law Simply stated, the situs of construction and interpretation of written laws belong to the judicial department. It is 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. Supreme Court is the one and only Constitutional Court and all other lower courts are statutory courts and such lower courts have the power to construe and interpret written laws. DUTY OF THE COURTS TO CONSTRUE AND INTERPRET THE LAW; REQUISITES 1. There must be an actual case or controversy, 2. There is ambiguity in the law involved in the controversy.

Ambiguity exists if reasonable persons can find different meanings in a statute, document, etc. A statute is ambiguous if it is admissible of two or more possible meanings. If the law is clear and unequivocal, the Court has no other alternative but to apply the law and not to interpret. Construction and interpretation of law come only after it has been demonstrated that application is impossible or inadequate without them. DIFFERENT KINDS OF CONSTRUCTION AND INTERPRETATION Hermeneutics the science or art of construction and interpretation. Legal hermeneutics is the systematic body of rules which are recognized as applicable to the construction and interpretation of legal writings. Dr. Lieber in his work on Hermeneutics gives the following classification of the different kinds of interpretation: 1. Close interpretation adopted if just reasons connected with the character and formation of the text induce as to take the words in the narrowest meaning. This is generally known as literal interpretation. 2. Extensive interpretation also called as liberal interpretation, it adopts a more comprehensive signification of the words. 3. Extravagant interpretation substitutes a meaning evidently beyond the true one. It is therefore not genuine interpretation. 4. Free or unrestricted interpretation proceeds simply on he general principles of interpretation in good faith, not bound by any specific or superior principle. 5. Limited or restricted interpretation - influenced by other principles than the strictly hermeneutic ones. 6. Predestined interpretation takes place when the interpreter, laboring under a strong bias of mind, makes the text subservient to his preconceived views and desires. SUBJECTS OF CONSTRUCTION AND INTERPRETATION Most common subjects of construction and interpretation are the constitution and statutes which include ordinances. But we may also

add resolutions, executive orders and department circulars. CHAPTER II STATUTES LEGISLATIVE PROCEDURES The power to make laws is lodged in the legislative department of the government. A statute starts with a bill. Bill is the draft of a proposed law from the time of its introduction in a legislative body through all the various stages in both houses. It is enacted into law by a vote of the legislative body. An Act is the appropriate term for it after it has been acted on and passed by the legislature. It then becomes a statute, the written will of the legislature solemnly expressed according to the form necessary to constitute it as the law of the state. Statute Law is a term often used interchangeably with the word statute. Statute Law, however, is broader in meaning since it includes not only statute but also the judicial interpretation and application of the enactment. HOW DOES A BILL BECOMES A LAW STEPS A bill before it becomes a law must pass the strict constitutional requirements explicit both in the 1973 Constitution and the 1987 Constitution. Passage of a bill in a parliamentary system (unicameral assembly): a. A member of the National Assembly may introduce the proposed bill to the Secretary of the National Assembly who will calendar the same for the first reading. b. In the first reading, the bill is read by its number and title only. c. After the first reading, the bill is referred by the Speaker to the appropriate committee for study. At this stage, the appropriate committee will conduct public hearings. Then after the public hearings, the committee shall decide whether or not to report the bill favorably or whether a substitute bill should be considered. Should there be an unfavorable report of the committee, then the proposed bill is dead. d. Upon favorable action by the committee, the bill is returned to the National Assembly and shall be calendared for the second

reading. e. In the second reading, the bill is read in its entirety. f. Immediately after the second reading, the bill is set for open debates where members of the assembly may propose amendments and insertions to the proposed bill. g. After the approval of the bill in its second reading and at least three (3) calendar days before its final passage, the bill is printed in its final form and copies thereof distributed to each of the members. h. The bill is then calendared for the third and final reading. At this stage, no amendment shall be allowed. Only the title of the bill is read and the National Assembly will then vote on the bill. Under the present 1987b Constitution, after the third and final reading at one House where the bill originated, it will go to the other House where it will undergo the same process. i. After the bill has been passed, it will be submitted to the Prime Minister (President) for approval. If he disapproves, he shall veto it and return the same with his objections to the National Assembly (House where it originated), and if approved by two-thirds of all its members, shall become a law. Under the present set-up, if the originating house will agree to pass the bill, it shall be sent, together with the objections to the other house by which it shall be likewise be considered and must be approved by two-thirds of the votes. Every bill passed by Congress shall be acted upon by the President within thirty (30) days from receipt thereof. Otherwise, it shall become a law. CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL Three (3) very important constitutional requirements in the enactment of statute: 1. Every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof. The purposes of this constitutional requirements are: To prevent hodge-podge or log-rolling legislation; To prevent surprise or fraud upon the legislature; and To fairly apprise the people, through such publications of legislative proceedings as is usually made, of the subjects of legislation that are being considered, in order that they may have opportunity of being heard thereon by petition or otherwise, if they shall so desire. 2. No bill passed by either House shall become law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to each member three days before its passage. 3. Every bill passed by the Congress shall, before it becomes a law, be presented to the President. The executive approval and veto

power of the President is the third important constitutional requirement in the mechanical passage of a bill. CHAPTER TWO: Construction and Interpretation NATURE AND PURPOSE Construction defined Construction is the art or process of discovering and expounding the meaning and intention of the authors of the law, where that intention rendered doubtfully reason of ambiguity in its language or of the fact that the given case is not explicitly provided for in the law. Construction is drawing of warranted conclusions beyond direct expression of the text expressions which are in spirit though not within the text. xxx inevitably, there enters into the construction of statutes the play of JUDICIAL JUDGMENT within the limits of the relevant legislative materials it involves the EXERCISE OF CHOICE BY THE JUDICIARY Construction and interpretation distinguished They are so alike in practical results and so are used interchangeably; synonymous. Construction and interpretation distinguished They are so alike in practical results and so are used interchangeably; synonymous. Construction - process of drawing warranted conclusions not always included in direct expressions, or determining the application of words to facts in litigation Interpretation - art of finding the true meaning and sense of any form of words