QUE, Kamille Joanna M.

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CHAPTER 1 : Statutes A.In general Law -

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applies only to a specific person or subject

*according to its duration a statute may be permanent or temporary In its jural and generic sense refers to the Permanent Statute whole body or system of law. In its jural and concrete sense, it means a rule - operation is not limited in duration but of conduct formulated and made obligatory by continues until repealed. It does not terminate legitimate powers of the state. by the lapse of a fixed period or by the It includes statutes enacted by the legislature, occurrence of an event. presidential decrees and executive orders Temporary Statute issued by the President in the exercise of his legislative power, other presidential issuances - duration is for a limited period of time fixed in in the exercise of his ordinance power, rulings the statute itself or whose life ceases upon of the Supreme Court construing the law, the happening of an event. rules and regulations promulgated by administrative or executive officers pursuant to a delegated power, and ordinances passed Other classes of statutes by sanggunians of local government units. In respect to application: - prospective - retroactive They may also be according to their operation, declaratory, curative, mandatory, directory, substantive, remedial, and penal.

Statutes -

an act of the legislature as an organized body expressed in the form, and passed according to the procedure, require to constitute it as part of the law of the land. Statutes enacted by the legislature are those In respect to their form: passed by the Philippine Commission, the Philippine Legislature, the Batasang - affirmative Pambansa, and the Congress of the - negative Philippines. Other laws which are of the same category and binding force as statutes are presidential Manner of referring to statutes decrees issued by the President (period of martial law under the 1973 Constitution), and Public Acts from 1901 to 1935 by the executive orders issued by the President Philippine Commission and the Philippine (revolutionary period under the Freedom Legislature. Constitution). Commonwealth Acts from 1936 to 1946, laws enacted during the Commonwealth.

Public Statute -

Republic Acts from 1987 under the 1987 one which affects the public at large or the whole community. This may be classified into Constitution general, special, and local laws. Batas Pambansa laws promulgated by - General law is one which applies to the whole state and operates throughout the Batasang Pambansa. state alike upon all the people or all the class. - Special law is one which relates to particular Presidential Decrees and Executive Orders persons or things of a class or to a particular issued by the President in the exercise of his community, individual, or thing. legislative power. - Local law is one whose operation is confined to a specific place or locality, e.g. municipal *apart from serial numbers, a statute may also be ordinance. referred by its title. Private Statute

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B. Enactment of Statutes Legislative power Section 1. The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum. the power to make, alter, and repeal laws. Under the Constitution, this power is vested in the Congress. Under the 1973 and Freedom Constitutions, the President of the Philippines used to exercise legislative power in the from of Presidential decrees and Executive orders. Respectively, which remain valid unlit repealed.

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A bill is approved by either House after 3 readings. The Constitution provides that no bill passed by either House shall become a law unless it has passed 3 readings on separate days, and printed copies thereof in its final form have been distributed to its Members 3 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, the yeas and nays entered in the Journal. The secretary reports the bill for first reading. First Reading: reading of the number and the title of the bill, followed by its referral to the appropriate Committee for study and recommendation. The Committee may hold public hearings on the proposed measure and submits its report and recommendation for Calendar for second reading. Second Reading: the bill shall be read in full with the amendments proposed by the Committee, if any, unless copies thereof are distributed and such reading is dispensed with. Thereafter, the bill will be subject to debates, pertinent motions, and amendments. After the amendments have been acted upon, the bill will be voted on second reading. A bill approved for second reading will be included in the calendar of bills for the third reading. On the third reading, the bill as approved on second reading will be submitted for final vote by yeas and nays. Third Reading: the bill approved on the third reading by one House is transmitted to the other House for concurrence, which will follow substantially the same route as a bill originally filed with it. If the other house approves the bill without amendment, the bill is passed by the Congress and the same will be transmitted to the President for appropriate action. If the other House introduces amendments and the House from which it originated does not agree with said amendments, the differences will be settled

Congress legislative power the constitution provides that the legislative power shall be vested in the Congress of the Philippines which shall consist of the Senate and a House of Representatives. except to the extent reserved to the people by the provision on the initiative and referendum. It is the peculiar province of the legislature to prescribe the rules for the government of society. The legislative power is plenary for all purposes of civil government, subject only to such limitations as are found in the Constitution. LEGISLATIVE power to enact laws EXECUTIVE execute the law JUDICIAL interpret and apply the laws

Passage of bill Bill a proposed legislative measure introduced by a member of the Congress for enactment into law. It shall embrace only one subject which shall be expressed in the title thereof.

A bill shall be signed by its author(s) and filed with the Secretary of the House. It may originate either in the Lower or Upper House, except, appropriation, revenue or tariff bills, bills authorizing increase of public debt, bills of local application, and private bills which shall originate exclusively in the House of Representatives.

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by the Conference Committee of both Chambers, whose report or recommendation thereon will have to be approved by both Houses in order that it will be considered passed by Congress and thereafter sent to the President for action. The Constitution: 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 to 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. The votes of each House shall be determines by yeas and nays and those who voted against I shall be entered in its Journal. The President shall co of any bill to the House communicate his veto where it originated within 30 days after the date of receipt, otherwise it shall be a law as if he had signed it. 3 ways for a bill passed in the Congress to be a law: - the President signs it - the President does not sign nor communicate his veto of the bill within 30 days after his receipt thereof - when the vetoed bill is repassed by Congress by two thirds vote of all its Memebers of each House voting separately. Appropriations and Revenue bills This said bills can only originate in the Lower House but eh Senate can propose or concur with its amendments. Moreover, appropriation bills are subject to the following restrictions or qualifications as provided by the Constitution.

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specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by the law. No provision or enactment shall be embraced in the general appropriations bill unless it relates specifically to some particular appropriation therein. Any such provision or enactment shall be limited in its operation to the appropriation to which it relates. The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for the other departments and agencies. A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by the corresponding revenue proposal therein. No law shall be passed authorizing any transfer of appropriations; however, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of the Supreme Court, and the heads of the Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offices from savings in other items of their respective appropriations. Discretionary funds appropriated for particular officials shall be disbursed only for public purposes to be supporter by the appropriate vouchers and subject to such guidelines as may be prescribed by law. If, by the end of any fiscal year, the Congress shall have failed to pass the general appropriations bill for the ensuing fiscal year, the general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in force and effect until the general appropriations bill is passed in the Congress. The President shall have the power to veto any particular item in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

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Authentication of bills -

The system of authentication devised is the signing by the Speaker and the Senate President of the printed copy of the approved bill, to signify to the President that the bill being presented to him has been duly approved by the legislature and is ready for 1. The Congress may not increase the his approval or rejection. appropriations recommended by the President Unimpeachability of legislative journals for the operation of the Government as

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The journal is regarded as conclusive with Title of Statute respect to matters that are required by the Constitution to be recorded therein. With - every bill passed by Congress shall embrace respect to other matters, in the absence of only one subject which shall be expressed in evidence to the contrary, the Journals have the title thereof. This provision is mandatory, also been accorded conclusive effect. and a law enacted in violation thereof is - Entries or records contained in the legislative unconstitutional. journals are declared conclusive upon the - Limitations upon the legislature, First, the courts. Considerations of public policy led to legislature is to refrain from conglomeration, the adoption of the rule giving verity and under one statute, of heterogenous subjects. unimpeachability to legislative records. Second, the title of the bill is to be couched in a language sufficient to notify the legislators and the public those concerned of the import Enrolled bill of the single subject thereof. the bill passed by the Congress, authenticated by the Speaker and Senate President and Purpose of requirement approved by the President. - Under the principle of enrolled bill, the text of - the principal purpose of the constitutional the act as passed and approved is deemed requirement that every bill shall embrace only importing absolute verity and is binding on one subject which shall be expressed in its the courts. title is to apprise the legislators of the object, nature, and scope of the provisions of the bill, - The reason why an enrolled bill is accorded conclusive verity lies in the fact that the and to prevent the enactment into law of matters which have not received the notice, enrolled bill carries on its face a solemn assurance by the legislative and executive action, and study of legislator. departments of the government, charged - Aims: respectively with the duty of enacting and 1. to prevent hodgepodge or log-rolling executing the laws, that it was passed by the legislation, to prevent surprise or fraud upon assembly. the legislature. *The legislative journals and the enrolled bill are both 2. to prevent surprise or fraud upon the legislature, by means of provisions in bills of conclusive upon the courts. However, where there is which the title gave no information, and which a discrepancy between the journal and enrolled bill, might therefore be overlooked and carelessly the latter as a rule prevails over the former, and unintentionally adopted. particularly with respect to matters not expressly 3. to fairly apprise the people, through such required to be entered into the legislative journal. publication of legislative proceedings as is usually made, of the subjects of the Withdrawal of authentication, effect of. legislation that are being heard thereon, by petition or otherwise, if they shall so desire. -The Speaker and the President may withdraw their 4. the title is used as a guide in ascertaining signatures from the signed bill where there is serious legislative intent when the language of the act does not clearly express its purpose. and substantial discrepancy between the text of the bill as deliberated in the legislature and shown by the journal and that of the enrolled bill. Such withdrawal How requirements construed. renders the bill without attestation and nullifies its - the title of a bill should be liberally construed. status as an enrolled bill. In such a case, the bill is no - It should not be given a technical longer accorded absolutely verity as regards its text interpretation. Nor should it be so narrowly and the entries in the journal should be consulted. construed as to cripple or impede the power of legislation. And where the journal discloses that the substantial - Where there is doubt as to whether the title amendments were introduced and approved but sufficiently expresses the subject matter of were not incorporated in the printed text sent to the the statute, the question should be resolved President for signature, the court can declare that against the doubt and in favor of the the bill has not been duly enacted and did not constitutionality of the statute. accordingly become a law. Where there is compliance with requirements C. Parts of Statutes -

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There is sufficient compliance with the constitutional requirement if the title be comprehensive enough to reasonably include the general object which a statute seek to effect, without expressing each and every means necessary or convenient for accomplishing the object. The requirement is satisfied if all the parts of the law are related, and the germane to the subject matter expressed in the title, or so long as they are not inconsistent with or foreign to the general subject. It is a valid title where it indicates in broad but clear terms, the nature, scope, and consequences of the law and its operations. -

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Usually found after the enacting clause and before the body of the law. Legislature seldom puts a preamble to a statute it enacts into law because the statement embodying the purpose, reason, or occasion for the enactment of the law is contained in its explanatory note. Presidential Decrees and Executive Orders generally have preambles apparently because, unlike statutes enacted by the legislature in which the members thereof expound on the purpose of the bill in its explanatory note or in the course of deliberations, no better place than in the preamble can the reason and purpose of the decree be stated.

When requirement not applicable -

The requirement that a bill shall embrace only Purview of statute one subject which shall be expressed in its title was embodied in the 1935 Constitution - the part which tells what the law is all about. and reenacted in the 1973 and 1987 - The legislative practice in writing a statute is Constitutions. The requirement applies only to to divide an act into sections, each of which is bills which may thereafter be enacted into numbered and contains a single proposition, law. It does not apply to laws in force and - It includes a short title, a policy section, existing at the time of the 1935 Constitution definition section, administrative section, took effect. sections prescribing standards of conduct, It has no application to municipal or city section imposing sanctions for violation of its ordinance, as they do not partake of the provisions, transitory provision, separability nature of laws enacted by the National clause, repealing clause, and effectivity Assembly. clause. Separability clause part of a statute which states that if any provision of the act is declared invalid, the remainder shall not be affected thereby. The legislature intended a statute to be effective as a whole and would not have passed it had it foreseen that some part of it is invalid. The effect of a separability clause is to create in the place of such presumption the opposite of separability.

Effect of insufficiency of title A statute whose title does not conform to the constitutional requirement or is not related in any manner to its subject is null and void. However, the subject matter of a statute is not sufficiently expressed in its title, only so much of the subject matter as is not expressed therein is void, leaving the rest in force, unless the valid provisions are inseparable from the others, in which case the nullity of the former vitiates the latter.

Enacting clause part of a statute written immediately after the title thereof which states the authority by which the act is enacted. Preamble a prefatory statement or explanation or a finding of facts, reciting the purpose, reason, or occasion for making the law to which it is prefixed.

D. Presidential Issuance, Rules, and Ordinances Presidential Issuance are those which the President issues in the exercise of his ordinance power - these are: Executive Orders acts of the President providing for rules of a general permanent character in the implementation or execution of constitutional or statutory powers. -

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Administrative Orders acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head.

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those which prescribe the method of forcing rights or obtaining redress for their invasion.

Administrative rule and interpretation distinguished. Proclamations acts of the President fixing a date or declaring a statute or condition of public - There is a distinction between an moment or interest, upon the existence of which administrative rule or regulation and an the operation of a specific law or regulation is administrative interpretation of a law whose made to depend. enforcement is entrusted to an administrative body. Memorandum Orders acts of the President - When an administrative agency promulgates on matters of administrative detail or of rules and regulations, it makes a new law with the force and effect of a valid law, while subordinate or temporary interest, upon the when it renders an opinion or gives a existence of which the operation of a specific law statement of policy, it merely interprets a or regulation is made to depend preexisting law. - The rules promulgated pursuant to law are Memorandum Circulars acts of the President binding on the courts, even if they are not in on matters relating to internal administration agreement with the policy stated therein or which the President desires to bring to the with its innate wisdom. attention of all or some of the departments, - Administrative interpretation of the law is at agencies, bureaus, or offices of the Government best merely advisory, for it is the courts that finally determine what the law means. for information or compliance. General or Specific Orders acts and commands of the President in his capacity as Barangay Ordinance Commander in Chief of the Armed Forces of - The smallest legislative body is the the Philippines. sangguniang barangay. Its may pass an ordinance affecting a barangay by majority Supreme Court circulars; rules and regulations. vote of all its members. - A barangay ordinance is subject to review by - The 1987 Constitution grants the Supreme the sangguniang bayan or sangguniang Court the power to promulgate rules panlungsod. concerning the protection and enforcement of - The sangguniang bayan or sangguniang constitutional rights, pleading, practice, and panlungsod shall take action on the ordinance procedure in all courts, the admission to the within 30 days from submission. If it does not practice of law, the Integrated Bar, and legal take action within said period, the ordinance assistance to the underprivileged. Such rules will be presumed inconsistent with law or shall provide a simplified and inexpensive municipal or city ordinance and shall be procedure for the speedy disposition of cases, deemed approved. shall be uniform for all courts of the same - If the ordinance is inconsistent with law or city grade, and shall no diminish, increase, or or municipal ordinance, it shall return the modify substantive rights. Rules of procedure same to the sangguniang barangay of special courts and quasi-judicial bodies concerned for adjustments, amendments, or shall remain effective unless disapproved by modification, in which case effectivity of the the Supreme Court. ordinance is suspended. - The rule-making power of the Supreme Court as provided in Sec.5(5), Article VIII of the Municipal Ordinance Constitution is complemented by Sec. 30, Art. VI of the Constitution which provides, No law - Sangguniang bayan enacts Municipal shall be passed increasing the appellate Ordinance. jurisdiction of the Supreme Court as provided - The affirmative vote of a majority of the in this Constitution without its advice and members of the sangguniang bayan present concurrence. and voting, there being a quorum is needed - The rule-making power of the SC includes the for the passage of the ordinance. power to repeal procedural laws, such as

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The ordinance is then submitted to the municipal mayor who within 10 days from the receipt thereof shall return it either with his approval or veto. If he does not return it within that time, it shall be approved. The sangguniang bayan by two-thirds vote of all members override the veto of the mayor, in which case it shall become effective of all legal intents and purposes. The approved ordinance is then submitted to the sangguniang panlalawigan for review. The sangguniang panlalawigan may, within 30 days from receipt of the ordinance, invalidate it in whole or in part, and its action shall be final. If the sangguniang panlalawigan does not take action on the ordinance within 30 days after its submission, it shall be presumed consistent with law and therefore valid.

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- every statute is presumed valid. - Before the legislature passes a bill, it is presumed that it has decided measure to constitutional. And when the President approves the bill, it is presumes that he has been convinced of its validity. - The function of the legislature to legislate law is primary, its exercise fortified by presumption of right and legality, and is not to be interfered with lightly, nor by any judicial conception of its wisdom or propriety. - to justify the nullification of a law, there must be a clear and unequivocal breach of the Constitutional, not a doubtful and argumentative implication.

City ordinance -

- the final authority to declare a law Sangguniang panlungsod pass city ordinance. unconstitutional is the Supreme Court en banc by The affirmative vote of majority of the the concurrence of a majority of the Members members of the sangguniang panlungsod present and there being a quorum is needed who actually took part in the deliberations on the for the passage of the ordinance. issues in the case and voted thereon. - The ordinance is then submitted to the municipal mayor who within 10 days from the -Nonetheless, trial courts have jurisdiction to receipt thereof shall return it either with his initially decide issue of constitutionality of a law approval or veto. If he does not return it in appropriate cases. within that time, it shall be approved. - Sangguniang panlungsod may repass a Requisites before the court may resolve the vetoed ordinance by two-thirds of vote of all question of constitutionality: members. - If the city is a component city, the approved 1. the existence of a appropriate case ordinance is submitted to the sangguniang 2. an interest personal and substantial by the panlalawigan for review which shall take party raising the constitutional question action within 30 days, otherwise it will be 3. the plea that the function be exercised at the deemed denied. earliest opportunity 4. the necessity that the constitutional question Provincial ordinance be passed upon in order to decide the case. sangguniang panlalawigan may by vote of a majority of the members present, there being Appropriate case a quorum enact ordinances for the province. - a bona fide case is one which the court will - The ordinance is then forwarded to the have to choose between the Constitution and governor who within 15 days from receipt the challenge statute. thereof, shall return it within that time, it shall - Judicial power is limited only to actual be deemed approved. A vetoed ordinance controversies, as a last resort and a necessity may be repassed by sangguniang in the determination of real, actual, earnest, panlalawigan by two-thirds vote of all its and vital controversy between litigants. members. - A controversy is justiciable if it refers to a matter which is appropriate for court review. It pertains to issues which are inherently E. Validity susceptible of being decided on grounds recognized by law. Presumption of constitutionality Political questions one class of cases wherein the Court hesitates to rule on. The reason is that -

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political questions are concerned with issues dependent upon the wisdom, not the legality, of a particular act or measure being assailed. The political question being a function of separation of powers, the courts will not normally interfere with the workings of another co-equal branch unless the case shows a clear need for the courts to step in to uphold the law and the Constitution. Legal standing or locus standi -

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administering an unconstitutional act constitute a misapplication of such funds. A taxpayers suit will not be entertained where the statute being challenged does not involve the expenditure of public funds, where there is no allegation that tax money is being spent in violation of a specific provision of the Constitution or that there is misapplication of funds, or that public money is being deflected to any improper purpose, or whether petitioner does not seek to restrain the public officials concerned from wasting public funds through the enforcement of an invalid or unconstitutional law. It has been held that a member of the Senate or the House of Representatives has the legal standing to question the validity of a presidential veto or a condition imposed on an item in an appropriation bill.

a personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. - The term interest means a material interest, an interest in issue affected by the decree, as distinguished from mere interest in the question involved, or a mere incidental When to raise constitutionality interest. Illustration: - Well entrenched in constitutional law is the precept that constitutional questions will not 1. A citizen acquires standing only if he be entertained by courts unless they are can establish that he has suffered specifically raised, insisted upon, and some actual or threatened injury as a adequately argued. result of the allegedly illegal conduct - There are certain exceptions to the rule of government. The injury is fairly requiring that the question of validity of a traceable to the challenged action; statute must be raised at the earliest and the injury is likely to be redressed opportunity to justify judicial intervention. The by a favorable action. question may be raised in a motion for 2. A taxpayer is deemed to have a reconsideration or new trial in the lower court, standing to raise a constitutional issue where the statute sought to be invalidated when it is established that public funds was not in existence when the complaint was have been disbursed in alleged filed or during the trial. The question of contravention of the law or validity may also be raised in criminal cases Constitution. A taxpayers suit is at any stage of the proceedings or on appeal, properly brought only when there is an in civil cases where it appears clearly that a exercise by Congress of its axing or determination of the question is necessary to spending power. a decision, and in cases where it involves the - Not every person or taxpayer can question jurisdiction of the court below. the constitutionality of a law. The rule is that a person who questions the validity of a statute must show that he has sustained, or is Necessity of deciding constitutionality in immediate danger of sustaining, some - It is well settled that the court will not pass direct injury as a result of its enforcement. He upon the validity of a statute if it can decide must have a personal and substantial interest the case on some other grounds; it will leave in the case such that the enforcement of the the constitutional question for consideration law has caused him or will cause him direct until an appropriate case arises in which a injury. decision upon such question is unavoidable. Concrete injury whether actual or threatened This does not mean that to avoid a is the indispensable element of a dispute which constitutional question, the court may decline serves in part to cast it in a form traditionally to decide the case on the merits. If the only capable of judicial resolution. issue is a constitutional question which is unavoidable. The court should confront the - So-called taxpayers suit is based on the question and decide the case on the merits. theory that the expenditure of public funds by an officer of the state for the purpose of

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Nor will the court pass upon the validity of a statute where the issue raised in the case has apparently become moot. In such an event, the court will dismiss the case on such ground. The fact that the validity of a statute has not been challenged for many years does not preclude the court from passing upon that question in an appropriate cause. Nor does the circumstance that a statute has been accepted as valid in cases where its validity was not raised, prevent the court from later passing on its constitutionality, where the question is squarely and properly raised. Such circumstances merely reinforce the presumption of constitutionality of the law. -

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it must be general and consistent with public policy it must not be unreasonable

Effects of unconstitutionality - The general rule is that an unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, inoperative, as though it had never been passed. The rules on the effects of a declaration of the unconstitutionality of a statute: Orthodox view in Norton v. Shelby, an unconstitutional act is not a law, it confers no right imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, inoperative, as though it had never been passed. Therefore, from the statute books they are considered never to have existed at all. Modern view is less stringent. The court in passing upon the question of constitutionality does not annul or repeal the statute if it finds it in conflict with the Constitution. Invalidity due to change of conditions The general rule as to the effects of unconstitutionality of a statute is not applicable to a statute that is declared invalid because of the change of circumstances affecting its validity. A statute of this type belongs to the class of emergency laws. It is deemed valid at the time of its enactment as an exercise of police power. It becomes invalid only because the change of conditions makes it continued operation violative of the Constitution, and accordingly, the declaration of nullity should affect only the parties involved in the case and its effects applied prospectively.

Test of constitutionality The test of constitutionality of a statute is what the Constitution provides in relation to what can or may be done under the statute, and not by what it has been done under it. A statute may be declared unconstitutional because it is not within the legislative power to enact; or it creates or establishes methods or forms that infringe constitutional principles; or its purpose or effect violates the Constitution or its basic principles. - The court may strike down a law as unconstitutional when it allows something to be done which the fundamental law condemns or prohibits. Or when it attempts to validate a course of conduct the effect of which the Constitution specifically forbids. - A statute may also be declared unconstitutional because it is vague. A statute is vague when it lacks comprehensive standards that men of common intelligence must necessarily guess at its meaning and different in its application. The statute is repugnant to the Constitution in two respects: -

it violates due process for failure to accord the people fair notice of what conduct to avoid. - It leaves law enforcers unbridled discretion in Partial invalidity carrying out its provisions and becomes an - The general rule is that where a part of a arbitrary flexing of the government muscle. statute is void as repugnant to the The test of validity: Constitution, while another part is valid, the valid portion if separable from the invalid, - it must not contravene the Constitution or any may stand and be enforced. statute - The presence of a separability clause in a - it must not be unfair or oppressive statute creates the presumption that the - it must not be partial or discriminatory legislature intended separability, rather than - it must not prohibit but regulate trade complete nullity of the statute. Too justify this

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result, the valid portion must be so far independent of the invalid portion that it is fair to presume that the legislature would have enacted it by itself if it had supposed that it could not constitutionally enact the other. The exception to the general rule is that when the parts of a statute are so mutually dependent and connected, as conditions, considerations, inducements, or compensations for each other, as to warrant a belief that the legislature intended them as a whole, the nullity of one part will vitiate the rest. -

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The Presidents ordinance power includes the authority to issue executive orders, administrative orders, proclamations, memorandum orders, memorandum circulars, and gen. or special orders. Generally, rules and regulations issued by administrative or executive officers are of two types: 1. those whose purpose is to enforce or implement existing law pursuant to a valid delegation or to fill in the details of a statute 2. those which are merely interpretative in nature or merely internal in character not concerning the public. *The first requires publication for its effectivity, while the second does not.

F. Effects and Operation

Illustration: (partial invalidity) - Tatad v. Sec. of the - Rules and regulations issued by the administrative Dept. of Energy or executive officers to enforce or implement a law or to fill in the details of a statute, whether they are When laws take effect. penal or non-penal, take effect after 15 days following their publication, in the Official Gazette or Illustration: in a newspaper of gen. circulation, unless the statute which authorize their issuance provides a different Taada v. Tuvera date of effectivity after such publication. In addition, - The Supreme Court held that all laws or such rules and regulations must comply with the statutes, including those of local application requirements of filing. and private laws, shall be published as a condition for their effectivity. The gen. rule is - The publication and filing requirements are that where the law is silent as to its effectivity indispensable to the effectivity of rules and or where it provides that it shall take effect immediately or upon its approval, such law regulations. Both requirements must be complied shall take effect after 15 days from its with except when the law authorizing the issuance of publication in the Official Gazette or in a the rules and regulations dispenses with the filing of newspaper of gen. circulation. However, the the requirement, in which case publication, which legislature may, by law or by the particular cannot be dispensed with without violating the due statute itself, provide that it shall take effect process clause, will be sufficient to make them on a particular date or after a certain period effective. from its publication in the Official Gazette or in a newspaper of gen. circulation, in which When local ordinance take effect. case it shall take effect as thus specifically provided, which is what the phrase unless it 1. Unless otherwise stated in the ordinance or is otherwise provided in Art. 2 of the Civil the resolution approving the local government Code or in Sec. 18, Chap. 5, Book 1 of the plan and public investment program, the 1987 Administrative Code refers. same shall take effect after 10 days from the - In the case, its rests on the gen. principle that date a copy is posted in a bulletin board at before the public is bound by the provisions of the entrance of the provincial capitol or city, the law, they must be published and the municipal, or brgy. hall, as the case may be, people officially and especially informed, and in at least 2 other conspicuous places in which is a requirement of due process of law. the local govt. unit concerned. That cannot be dispensed with by the 2. The Sec. to the sanggunian concerned shall legislature. cause the posting of an ordinance or resolution in the bulletin board at the entrance of the provincial capitol and the city, When Presidential issuances, rules, and municipal, or brgy. hall in at least and in at regulations take effect. least 2 other conspicuous places in the local

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QUE, Kamille Joanna M. 1M

govt. unit concerned not later than 5 days after approval thereof. - the test will be in Filipino or English, and in the dialect or language understood by majority of the people in the local govt. 3. The gist of all ordinances with penal sanctions shall be published in a newspaper of gen. circulation within the province where the local legislative body concerned belongs. In the absence of any newspaper of gen. circulation within the province, posting of such ordinance shall be made in all municipalities and cities of the province where the sanggunian of origin is situated. 4. In the case of highly urbanized and independent component cities, the main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of gen. circulation within the city. Provided, that in the absence therof, the ordinance or resolution shall be published in any newspaper of gen. circulation. Statutes continue in force until repealed. - In terms of their duration and effect, statutes may be temporary or indefinite and permanent. Temporary statutes are those that according to their provisions are in force only for limited period, and they terminate upon expiration of the term therein stated or upon the occurrence of certain events. No repealing statute is necessary to bring a temporary law to an end. Conquest or colonization is impotent to bring the law to an end; in spite of change of constitution, the law continues to be unchanged until the new sovereign by legislative act creates change.

STATUTORY CONSTRUCTION Chapters 1-6

of days which they respectively have. In computing a period, the first day shall be excluded, and the last day included. Where the word week is used as a measure of time and without reference to the calendar, it means a period of seven consecutive days without regard to the day of the week from which it begins. Where a statute requires the doing of an act within a specified number of days, such as ten days, from notice, it means 10 calendar days and not 10 working days. The exclude-the-first and include- the last day rule governs the computation of a period.

Territorial and personal effect of statutes Nothing is better settle than that in the Philippines being independent and sovereign. Its authority may be exercised over its entire dominion.

Manner of computing time When law speaks of years, months, days, or nights, it shall be understood that years are for 365 days each; moths of thirty days; days, of 24 hours; and nights from sunrise to sunset. If months are designated by their name, they shall be computed by the number

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