Professional Documents
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The 1987 Constitution Treaties and International Agreements Statutes enacted by the Legislature Administrative Rules and Regulations Ordinances enacted by the Autonomous Regions Ordinances enacted by Local Government Units
Constitution , Definition The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic (Justice G. Malcolm)
Law; of highest authoritativeness and obligation; supreme
law of the land, ultimate authority, reference to determine validity of national laws, administrative regulations, local ordinances and executive actions.
Constitution, History There are four (4) regular Philippine Constitutions from the Malolos Convention to the present:
Malolos Constitution 1935 Constitution 1973 Constitution 1987 Constitution
1943 Constitution*
1986 Constitution**
*declared null and void **provisional
Philippine History Negritos, Malays who settled in scattered communities called barangays; chieftain or datus Chinese traders, Arab Islams
1521 Magellan discovered Philippines; 377 years
Fundamental law states that we are governed by special law All laws originated from Spain These can be found in Leyes Constitucionales de Espana,
Derecho Parliamentario Espanol; Cortes representation was recorded in Efemerides Filipinas, Filipinas en las Cortes
(Appendix) Published in the official repository: Acts of Congress and Treaties Pertaining to the Philippine Islands
was established, Aguinaldo as President; Jan. 21, 1899 Malolos Constitution was promulgated Influences include:
Katipunan by Emilio Jacinto Provisional Constitution of Biak na Bato Constitution for island of Luzon Provisional constitution of Mariano Ponce Constitutional Program of Phil. Republic by A. Mabini Autonomy projects of Paterno
govt. e.g. Heraldo Revolucion La Revolucion Filipina published by Bureau of Printing Noted in the Reports of the Philippine Commission to the President by Government Printing Office Vol. 4 Other various sources: Calderon, Mis Memorias Sobre La Revolucion; Kalaw, La Constitucion de Malolos; Retana, Archivo del Biblio Filipino, etc.
as Organic Law usually enactment of Congress Principal organic laws of Phils. prior to 1935 Constitution:
The Treaty of Paris 1898 Pres. Instruction to the Second Phil Commission 1900 Spooner Amendment 1901
(Philippine Commission and Philippine Legislative) Acts of Congress and Treaties pertaining to the Philippine Islands (GPO, 1920)
the Philippines Civil government was established; William Howard Taft as first governor Ref.: U.S. Statutes at Large Vol. 31
bicameral legistlature Ref.: text was published in U.S. Statutes at Large, Vol. 32 and U.S. Codes Titles 2 and 48
The Philippine Autonomy Act / Jones Law 1916
established Philippine legislature; Senate Pres. M.
Quezon and Speaker of the House S. Osmena Superseded Spooner Amendment; chief organic law of Phils
Philippine Legislature Lead to the inauguration of the Commonwealth Government Promised independence during 10 year transition
for a Constitutional Convention Ratified the Commonwealth Constitution May 14, 1935 Philippine Legislature was abolished; National Assembly
Ref.: Public Laws of the Philippines Vol. 30; Official
Gazette Vol. 34; Proceedings of the Constitutional Convention of 1935 donated by Senator Jose P. Laurel; Journal of 1935 Con Con (3 vols) published by East Publishing Co.
Japanese Period
Philippines drafted under Jose P. Laurel while in national emergency 1973 Constitution
1972 Proclamation 1081 P.D. No 73 calls for ratification or rejection of
Constitution Provides for parliamentary form of government Ref: Constitutional Convention Archives in the U.P. Law
The Provisional Constitution of 1986
1987 Constitution
of the Constitution Constitutional Commission 1986 was created Creates a bicameral legislature Senate and House of Representatives Executive power to the president, judicial powers to the Supreme Courts and lower courts
The Constitution is the Supreme Law of the Land In case of conflict, Constitution must prevail Precedence and hierarchy of Laws Philippine Constitution, Statutes, IRR (written by agencies in the Executive
Branch)
Doctrine of Hierarchy of Laws IRRs being subordinate cannot supersede a law passed by Congress Legal Basis for the Precedence and Hierarchy of Laws Art. 7 NCC Interpretation of Constitution Follow the usual rules on construction and interpretation Unconstitutionality of Statutes Art. 10 NCC justice and right to prevail Effects of Declaration of Unconstitutionality Orthodox view unconstitutional law is not a law, confers no rights, impose
no duties, affords no protection, creates no office, inoperative as if it was not passed Modern view courts simply refuses to recognize ; as if no statute
Same force of authority as legislative enactments; Defined as a compact made between two or more
independent nations with a view to the public welfare; Philippines is signatory and concluded treaties as a member of family of nations
Official Gazette
Official text of treaties entered into between the Philippine
What Where Official text of treaties entered into between Philippines Official Gazette Treaty Series Acts of Congress and Treaties Pertaining to the Philippine Islands DFA
Who
When
irregular intervals
published 1920
Treaties affecting Phils before adoption of Constitution Materials for treaties and international agreements where Phils is signatory
Index to above
Philippine Treaties Index arranged alphabetically by country or international agency arranged by subject
1946-1982
What Where Treaties and other international The Lawyers Review, Int'l Law agreements Documents
Law of the Sea
Who
When
1995 Edition 1996 Edition 1983 1989 1976 1967 1984
UP Law Center
Philippine Yearbook of Int'l Laws Document in Contemporary Int'l. Dean Marlene Law Magallona
Vital ASEAN Documents UP Law Complex The Ocean Law and Policy Series UP Law Complex Philippine Trade and Economic Agreements UP Law Complex World Bulletin UP Law Complex
Secondary Materials on Treaties and International Agreement Cases and Materials on International Law Vicente Abad Santos 1971 Public International Law J.R. Salonga 1974 J.R. Coquiia and M.D. International Law Santiago 1998 Edition International Law I.A. Cruz 1998 Edition International Law with Philippine cases and Materials and Asean Instruments M.D. Santiago 1999 Edition
and heads of departments, bureau and other agencies of the government for the effective enforcement of laws within their jurisdiction.
In order that such rules and regulations may be valid,
they must be within the authorized limits and jurisdiction of the office issuing them and in accordance with the provisions of the law authorizing their issuance.
Executie Order acts of the President providing for rules of a general or permanent character in the implementation or execution of constitutional/ statutory powers. Administrative Order acts relate to particular aspects of governmental operations in pursuance of his duties as administrative head
Proclamations acts fixing a date or declaring a statute or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend
Memorandum Order acts on matters of administrative details or of subordinate or temporary interest which only concern a particular officer or office of government Memorandum Circular acts on matters relating to internal administration which desires to bring to the attention of all or some of the departments, agencies, bureaus, or offices of the government, for information ofcompliance
In researching these types of materials, there are two important items needed:
Issuing Agency Year it was promulgated.
This is due to the fact that all Department, Bureaus, and other government agencies use the administrative orders, memorandum orders and memorandum circulars for their administrative rules and regulations and they start always with number 1 every year. Even the Supreme Court issues Administrative Orders, Circulars, Memorandum Orders, and Administrative Matters.
Book VII Sec. 3. Filing. - (1) Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within three (3) months from that date shall not thereafter be the basis of any sanction against any party or persons.
Book I Sec. 24. Contents. - There shall be published in the Official Gazette all legislative acts and resolutions of a public nature; all executive and administrative issuances of general application; decisions or abstracts of decisions of the Supreme Court and the Court of Appeals, or other courts of similar rank, as may be deemed by said courts of sufficient importance to be so published; such documents or classes of documents as may be required so to be published by law; and such documents or classes of documents as the President shall determine from time to time to have general application Or which he may authorize so to be published.
The publication of any law, resolution or other official documents in the Official Gazette shall be prima facie evidence of its authority.
CREATED BY THE Board of Regents at its 1239th meeting on March 1991, pursuant to the Administrative Code of 1987 which requires the UP Law Center to be the repository of all rules and regulations adopted/issued by the different government agencies
quarterly all rules and regulations filed therewith. The ONAR which created for the purpose evaluates all rules filed, according to a set of criteria, and performs the entire publishing process from encoding , proof-reading, layouting and printing
orders, rules and regulations are expected to keep official records and files thereof and mimeograph copies
cities, municipalities, and barangays. They each have lawmaking powers to pass ordinances which are usually of local interests only.
A local ordinance is legally ineffective if inconsistent
SEC. 16. General Welfare. - Every local government unit shall exercise the powers expressly granted, those necessarily implied there from, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.
by constitution and laws and should refrain from making acts which prejudice or adversely affect the general welfare.
Barangay ordinance
Sangguniang barangay smallest legislative body; may
pass an ordinance by majority of all its members; subject to review by Sangguniang bayan/ panglungsod
Sangguniang bayan/ panglungsod take action on the
ordinance within 30 days from submission; if theres inaction, it is presumed to be consistent with the municipal or city ordinance; if inconsistency is found, it will remand to the Sangguniang barangay
Municipal ordinance
Lodged in the Sangguniang bayan
veto; if theres mayors inaction, ordinance is presumed approved; if vetoed and overridden by 2/3 of all members, ordinance is approved
Approved ordinance is passed to Sangguniang
and its action is final; if theres inaction within 30 days, it is deemed valid
City ordinance
Vested in Sangguniang panglungsod Majority of the quorum voting, ordinance is passed Submitted to Mayor within 10 days
panlalawigan for review which shall take action within 30 days, otherwise, it will be deemed valid
Provincial ordinance
Sangguniang panlalawigan majority of quorum
receipt shall
Approve
Veto 2/3 of all members approved Inaction deemed approved
days from the date a copy is posted in a bulletin board at the entrance of the provincial capitol or city, municipality or barangay hall, AND in at least 2 other conspicuous places in the local government unit concerned.
cause the posting not later than 5 days after approval; text will be disseminated in English or Tagalog; the secretary to the Sangguinian concerned shall record such fact in a book kept for that purpose, stating the dates of approval and posting
Gist of ordinance with penal sanctions shall be
published in a newspaper of general circulation within the respective province concerned; if NO newspaper of general circulation in the province, POSTING shall be made in all municipalities and cities of the province where the Sanggunian of origin is situated
cities, main features of the ordinance, in addition to the posting requirement shall be published once in a local newspaper. In the absence of local newspaper, in any newspaper of general circulation
Highly urbanized city minimum population of
Penal Sanctions. (a) ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever occurs later.
(b) Any public officer or employee who violates an ordinance may be meted administrative disciplinary action, without prejudice to the filing of the appropriate civil or criminal action. (c) The secretary to the sanggunian concerned shall transmit official copies of such ordinances to the chief executive officer of the Official Gazette within seven (7) days following the approval of the said ordinance for publication purposes. The Official Gazette may publish ordinances with penal sanctions for archival and reference purposes.