STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

government until it has become an understood part of its system,

to which obedience is expected and habitually yielded.” (Cooley,
II. SUBJECTS OF CONSTRUCTION
1868)

Strong (1963) summarizes the definition of constitution by saying

CONSTITUTION that: Doctrine of constitutional supremacy

Constitution, defined. A constitution may be said to be a collection of principles

according to which the powers of the government, the rights of
The fundamental law, written or unwritten, that establishes the the governed, and the relations between the two are adjusted.
character of a government by defining the basic principles to The constitution may be a deliberate creation on paper; it may be
which a society must conform; by describing the organization of found in one document which itself is altered or amended as time
the government and regulation, distribution, and limitations on the and growth demand; or it may be a bundle of separate laws given
functions of different government departments; and by prescribing special authority as the laws of the constitution. Or, again, it may
the extent and manner of the exercise of its sovereign powers. be that the bases of the constitution are fixed in one or two
fundamental laws while the rest of it depends for its authority
upon the force of custom. (p. 11)
A legislative charter by which a government or group derives its
authority to act.
Manila Prince Hotel v. GSIS

-
A constitution is “that body of rules and maxims in accordance
with which the powers of sovereignty are habitually exercised.”
Broadly speaking, every state has some kind of a constitution—a
leading principle that prevails in the “administration of its

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

- a constitution is of a relatively permanent character

- a statutes are tentative, in the nature of temporary expedients.

Constitution, common parts

1. Constitution of Liberty

- Which is a series of prescription setting forth the fundamental

civil and political rights of the citizens with correlative limitations
Constitution & Statute, distinguished
on the power of government as a means of securing the full
- a constitution lays down general principles and the foundation of enjoyment of those rights
government

- a statute has to set in detail its purposes or the subject matter of 2. Constitution of Government
which it treats.

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

- Which is a set of provisions setting up the governmental Unwritten Constitution

framework
- one whose provisions have not been reduced to writing and
formally embodied in a single document or set of document.

3. Constitution of Sovereignty

- Which is a provision or set of provisions prescribing the - It consists largely of a mass of customs, usages and judicial
procedure for amending the constitution. decisions together with a few legislative enactment of a
fundamental character.

Constitution, kinds of
2. Cumulative & Conventional

1. Written & Unwritten

Cumulative Constitution

- one whose origin lies mainly on customs, common law, judicial

Written Constitution
decisions, and the like.
- one of the provisions of which are embodied in a single formal
document or set of documents.
Conventional Constitution

- or enacted constitution is one which has been formulated either

- A product of deliberate effort to lay down the fundamental
by a constitutional convention or by a royal proclamation.
principle with which the government shall be organized and
conducted.

3. Rigid & Flexible

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

A statute is a written law passed by a legislature on the state or

federal level. It may forbid a certain act, direct a certain act, make
Rigid - which legally stands over and above ordinary laws and
a declaration or set forth a governmental action to aid society. A
which may be amended only thru proceedings different from the
statute begins as a bill and after it is passed by both houses and
ordinary legislative proceedings.
by the executive officer, the bill becomes a law.

Flexible - if it has no more legal force and authority than ordinary

Statute Law
legislative enactments.
- is a broader term, as it includes not only statutes but also the
judicial interpretation and application of such statutes
-it may be amended at anytime thru ordinary legislative
proceedings.
- Supreme Court interprets the law and Jurisprudence (part of the
law)
STATUTE

Statute, defined
Article 8, Civil Code
Statute is an act of legislature as an organized body expressed in
“Judicial decisions applying or interpreting the laws or the
the form, passed according to the procedure, required to
Constitution shall form a part of the legal system of the
constitute it as part of the law of the land.
Philippines”

Doctrine of Stare Decisis

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

It is the doctrine that, when court has once laid down a principle, General law – applies to whole state upon all the people or all of
and apply it to all future cases, where facts are substantially the the class
same, regardless of whether the parties and properties are the
same. 

Special law – relates to particular persons or things of a class,
community, individual or thing
Stare Decisis. Follow past precedents and do not disturb what
has been settled. Matters already decided on the merits cannot be
relitigated again and again.“Stare decisis et non quieta movere” Local law – applies to specific locality.
(follow past precedents and do not disturb what has been settled.

AUTHORITY TO LEGISLATE

Statutes, classified.
Legislative power, jurisdiction

ARTICLE VI. Section 1. - The legislative power shall be vested in

Public – affects public at large the Congress of the Philippines which shall consist of a Senate and
Private – applies only to specific person a House of Representatives, except to the extent reserved to the
people by the provision on initiative and referendum.

Public statute, classified.

Legislative power, defined.

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

- Power to make, alter and repeal laws. Legislative power, non-delegability

Exceptions:

Scope of legislative power. (1) Doctrine of Subordinate Legislation

1) Under the 1973 and freedom constitution, the president Delegation of Legislative Power, basis & requisites
exercised legislative power which remained valid until repealed.
Supplementary Rule-making

Contingency Rule-making - anticipate what will happen

2) LGU can enact ordinances within their jurisdiction, but such during the implementation of the law
laws are inferior and subordinate to the laws of the state.
(Primcias vs. Urdaneta)
Implementing rules & regulations, nature of.

- Inorder for the people to know about the law

3)Administrative or executive officer can make rules and
regulations to implement specific laws. - Details of the law (absence of such will violate due process and
right to information)
- Essential feature of the legislative function is the determination
of the legislative policy and its formulation and promulgation as a
defined and binding rule of conduct.
Abakada Guro Party List v. Purisima, G.R No. 115022

- IRR took effect

Embraces all subjects, extends to matters of general concern or
common interest, unless limited by the Constitution

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

a. - Whose purpose is to implement or enforce existing law

pursuant to a valid delegation or to fill in the details of a
statute; whether they are penal or non-penal; this requires
publication.
b. Those which are merely interpretative in nature or merely
Implementing rules and regulations, effectivity
internal in character not concerning the public, does not
need publication.

People v. Reyes

In addition, the 1987 Administrative Code provide that-

a. Every agency shall file with the U.P. Law Center three
copies of every rule adopted by it. Rules in force on the
date of effectivity of this Code which are not filed within 3
months from that date shall not be the basis of any
sanction against any party or persons.
b. Each rule shall become effective 15 days from the date of
Retroactive application; promulgation & publication, filing as above provided unless a different date is fixed by
distinguished law, or specified in the rule in cases of imminent danger to
- public health, safety and welfare.

Guiterrez v. HR Publication and filing requirements are indispensable to the

effectivity or rules and regulations, except when the law
authorizing its issuance dispenses the filing requirements.
Nature of administrative rules & regulations

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

Rubi v. Provincial Board

Types of Administrative rules & regulations

IRR- enforces the law (3) Emergency Powers

LOI – interprets the rule Limitations

Rule-making power of a public administrative agency – Sec 26 (2) Article VI, 1987 Constitution
delegated legislative power.

(4) Tax Legislation

Sec. 28(2), Article VI, 1987 Constitution

Test of validity of administrative rules & regulations

- The law must be : complete in itself, fix a standard standard,

the limits are sufficiently determinate or determinable, in case of
discrepancy between statute and IRR, the statute prevails. PROHIBITED LAWS

Lokin v. Comelec (1) Ex post facto law

(2) Local Legislation Rule: No ex post facto laws shall be enacted
 Makes an act done
before the passage of the law and which is innocent when done,
- and punishes such act. Applies only to criminal or penal matters
and not to civil laws


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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

Article III, Section 22, 1987 Constitution. “No ex post

facto law or bill of attainder shall be enacted”
Test whether prohibition against ex post facto clause is
violated.

An ex post facto law is any of the following: - Does the retroactive application of the law take from the accused
any right that was regarded at that time as vital for the protection
-A law which makes criminal an act done before the passage of
of life and liberty?
the law and which was innocent when done, and punishes such
act;

-A law which aggravates a crime, or makes it greater than it was, Scope of prohibition against ex post facto law.
when committed.
-Applies only to criminal or penal matters.
-A law which changes the punishment and inflicts greater
-Not to laws which concern civil proceedings generally.
punishment than that annexed to the crime when committed.
-Or which affect or regulate civil or private rights or political
-A law which alters the legal rules of evidence, and authorizes
privilege.p.
conviction upon less or different testimony than the law required
at the time of the commission of the offense;

-A law which assumes to regulate civil rights or remedies only, but Ex post facto law prohibited, exception.
in effect imposes penalty or deprivation of a right for something
which when done was lawful; -Unless it is favorable to the accused (Article 22, RPC)
 This is
founded on conscience and good law and contained in
-A law which deprives a person accused of a crime of some lawful
protection to which he has become entitled, such as protection of -aphorism: Favorabilia sunt amplianda, adiosa restringenda (laws
a former conviction or acquittal, or a proclamation of amnesty. that are favorable to the accused are given retroactive effect.

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

-If it favors the accused . -Amendatory statute which renders an illegal act prior to
enactment legal is generally given retroactive effect unless it is
expressly provide that such statute will not apply retroactively

Gutierrez v. HR

-
(2) Bill of Attainder, defined.

- Legislative act which inflicts punishment without judicial trial

Rule: No bill of attainder shall be enacted
 Bill of attainder is a

legislative act, which inflicts punishment without judicial trial.
 If
a law is bill of attainder, it is an ex post facto law. If it is not an ex
post facto law, it is not a bill of attainder.

Exception to the exception.

-When the accused is a habitual delinquent. Legaspi v. City of Cebu

-Where the later statute expressly provide that it shall not apply -
to existing statutes/actions or pending cases.

-Accused disregards the later law and invokes the prior statute
under which he was prosecuted.


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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

Illustrative case: City of Davao vs. RTC, G.R. No. 127383,

August 18, 2005.

 First, that Section 33 of P.D. 1146 be expressly and

categorically repealed by law;

 Second, that a provision be enacted to substitute the

declared policy of exemption from any and all taxes as an
essential factor for the solvency of the GSIS fund.

These requisites for repeal have not been satisfied by the LGC.
(3) Irrepealable Law
Contention of the local government unit:
- Constitutional prohibition against passage of irrepealable laws.
the exemption granted to GSIS under Section 33 of PD 1146 was
- Except to the extent reserved to the people by the provision on effectively withdrawn uopm the enactment of the LGC which
initiative and referendum. further says that special laws like PD 1146 which are inconsistent
with it are repealed or modified accordingly.
- Non-delegability of legislative power

- Prohibition against enactment of irrepealable laws

Held: concededly, the second condition prescribed by section 33
- They are not found in the text of the Constitution because the
of P.D. 1146 does not appear to be met as no provision is found in
are mere corollaries in the nature of implied substantive
the Local Government Code of 1991 that substitutes the declared
limitations.
policy of exemption from any and all taxes as an essential factor
for the solvency of the fund. but the amendatory second
paragraph in Section 33 introduced by P.D. 1981 is fundamentally
CITY OF DAVAO v RTC, GR No. 127383, August 18, 2005 flawed.

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

This unorthodox condition effectively imposes restrictions on the

competency of Congress to enact future legislature on the
City of Davao vs. RTC
taxability of GSIS.
Facts: GSIS refused to any real property taxes to the local
This places undue restrain on the plenary power of Congress to
government unit because of a prior exempting law setting two
amend or repeal laws in violation of the prohibition against the
conditions for repeal which were not met by the subsequent law.
passage of irrepealable laws.
Held: the conditions set by the prior law place undue restraint
Irrepealable laws are prohibited because they deprive
on the plenary power of Congress to amend or repeal laws in
succeeding legislatures of the fundamental best senses carte
violation of the prohibition against passage of irrepealable laws.
blanche in crafting laws.
the present legislature cannot bind future legislature to a
Reynato S. Puno once said, “to be sure, there are no particular mode of repeal. It cannot declare in advance the intent
irrepealable laws just as there are no irrepealable Consitutions.” of future legislatures.

“Change is the predicate of progress and we should not fear

change.” it may be argued that section 33 does not preclude
THE BILL
repeal of tax-exempt status of the GSIS, but merely imposes
conditions for its validity.

But if these conditions are honored, they have the precise effect Bill, defined.
of limiting the power of Congress.

Thus, the same rationale for prohibiting irrepealable laws applies

in prohibiting restraints on future amendatory laws. A bill is a proposed legislative measure introduced by a member
of Congress for enactment into law, signed by the author/s, filed
The present legislature cannot bind future legislature to with the House Secretary.
particular mode of repeal. It cannot declare in advance the intent
of subsequent legislatures.

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

Bill – is the draft of a proposed law from the time of its After approval, it went to the Senate and referred to its
introduction in a legislative body through all the various stages in Committee on Ways and Means. Thus, petitioners argue that it did
both houses. It is enacted into law by a vote of the legislative not originate exclusively in the lower house because it merely
body. An “Act” is the appropriate term for it after it has been consolidated 2 distinct bills from the lower and upper houses. This
acted on and passed by the legislature. It then becomes a statute, violates the clear mandate of “originate” which was even qualified
the written will of the legislature solemnly expressed according to by the word “exclusively”.
the form necessary to constitute it as the law of the state.

HELD: It is not the law, but the revenue bill, which is required by
Origin of bill.
the Constitution to originate exclusively in the House of
A bill may originate in the lower or upper house except Representatives. A bill originating in the lower house may undergo
appropriation, revenue or tariff bills, bills authorizing increase of extensive changes in the Senate that may result in the rewriting of
public debt, bills of local application, private bills, which shall the entire bill. To insist the revenue statute must be substantially
originate exclusively in the House of Representatives. the same as the house bill would be to deny the Senate’s power
not only to “concur with amendments” but also to “propose
amendments”.
Tolentino v Secretary of Finance, 235 SCRA 630 (1994) For indeed, what the Constitution simply means is that the
FACTS: Several bills were introduced in the House of initiative for filing revenue bill must come from the House of
Representatives to expand the tax base of the Value Added Tax Representatives. This is based on the theory that since they are
(VAT) system and enhance its administration by amending the elected by their districts, they are expected to be more sensitive
National Internal Revenue Code (NIRC). to the local needs and problems.

These were referred to the House and Ways Committee which

consolidated a bill and recommended its approval.

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

Thus, while it is true that a revenue bill must originate Passage of a bill in a parliamentary system (unicameral
exclusively in the House of Representatives, the Senate can assembly):
propose amendments that re-writes the entire bill or
a. A member of the National Assembly may introduce the
substitute it with an entirely separate and distinct bill.
proposed bill to the Secretary of the National Assembly who will
calendar the same for the first reading. Filing- with the House
Secretary. Secretary reports the bill for the 1st 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
How a bill becomes a law. 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
HOW DOES A BILL BECOMES A LAW – STEPS 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
A bill before it becomes a law must pass the strict constitutional
second reading.
requirements explicit both in the 1973 Constitution and the 1987
Constitution. Composition - experts in the subjects under their
jurisdiction.

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

What happens in the Committee Stage? – It may hold public bill is read and the National Assembly will then vote on the bill.
hearings on the proposed measure. Bill comes under sharpest Under the present 1987 Constitution, after the third and final
scrutiny. Committee may approve or reject the bill, with or reading at one House where the bill originated, it will go to the
without amendments, re-write the bill entirely, report it favorably other House where it will undergo the same process.
or without recommendation. Committee reports and recommends
(Final vote for yeas and nays shall be taken and entered in the
for calendar for second reading.
Journal)

i. After the bill has been passed, it will be submitted to the

e. In the second reading, the bill is read in its entirety. (in Prime Minister (President) for approval. If he disapproves, he shall
full with the amendments proposed by the Committee, if any. veto it and return the same with his objections to the National
Unless copies were distributed before and such reading is Assembly (House where it originated), and if approved by two-
dispensed with. The bill will be subjected to debates, motions and thirds of all its members, shall become a law. Under the present
amendments. After the amendments have been acted upon, the set-up, if the originating house will agree to pass the bill, it shall
bill will be voted on second reading) be sent, together with the objections to the other house by which
it shall be likewise be considered and must be approved by two-
f. Immediately after the second reading, the bill is set for
thirds of the votes. Every bill passed by Congress shall be acted
open debates where members of the assembly may propose
upon by the President within thirty (30) days from receipt thereof.
amendments and insertions to the proposed bill.
Otherwise, it shall become a law.
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 Section 26 (2) Article VI, 1987 Constitution
the members.
Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
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

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

“No bill passed by either House shall become a law unless it has (?) Contention of Petitioners: The certification of the bill is
passed three readings on separate days, and printed copies invalid because there was no emergency. The justification of
thereof in its final form have been distributed to its Members three “growing budget deficit” is not an unusual condition in this
days before its passage, except when the President certifies to the country.
necessity of its immediate enactment to meet a public calamity
HELD: The presidential certification dispenses not only printing
or emergency. Upon the last reading of a bill, no amendment
and distribution of the copy of the bill but also the reading on
thereto shall be allowed, and the vote thereon shall be taken
separate days. The phrase “except when the President certifies to
immediately thereafter, and the yeas and nays entered into the
the necessity of its immediate enactmentxxx” qualifies the 2
Journal.”
stated conditions before a bill becomes a law. The “unless” clause
must be read in relation to the “except” clause because they are
coordinate clauses of the same sentence. To construe the “except”
Constitutional Reqts for the bill to pass. Article VI, Section
clause as simply dispensing the printing and distribution not only
26 (2):
offends grammar but also negates the very premise of the
 It has passed 3 readings on separate days “except” clause. The necessity of securing the immediate
 Printed copies in final form distributed to its enactment of the bill which is certified in order to meet a public
members 3 days before its passage. calamity or emergency.
 EXCEPT : when the President certifies it as urgent
The factual basis of presidential certification of bills is not
to meet public calamity or emergency.
subject to judicial review pursuant to the principle of
 But the factual basis of the presidential certification
separation of powers as it merely involves doing away with
of bills may not be subjected to judicial review. It
procedural requirements. A law may not be declared
merely dispenses with the procedural requirements
unconstitutional when what is violated in its passage are mere
designed to insure that bills are duly considered by
internal rules of procedure. Unlike the sufficiency of the factual
members.
basis of the suspension of the privilege of the writ of habeas

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

corpus which threaten individual rights hence subject to judicial c. The Conference Committee prepares a report to be signed
review. by all the conferees and the Chairman.
d. The Conference Committee Report is submitted for
consideration/approval of both Houses. No amendment is
allowed.

Conference Committee – it is a mechanism to harmonize

differences between both Houses in the passage of the bill into
Illustrative case: Tolentino v Secretary of Finance, 235
law. But it can deal generally with the subject matter. It may
SCRA 630 (1994)
produce results beyond its mandate. The rules do not limit it to
consider conflicting provisions only. It is empowered to include an FACTS: The Conference Committee consolidated the House and
entirely new provision not found in either bills. Thus, political Senate versions closed doors which resulted in an entirely
scientists call the Conference Committee a third body of the different version.
legislature.
CONTENTION OF PETITIONERS: The House Committee Report
included provisions not found in either version and these were
secretly inserted into it closed doors.
a. A Conference Committee is constituted and is composed of
Members from each House of Congress to settle, reconcile or HELD: There is nothing wrong about closed door executive
thresh out differences or disagreements on any provision of sessions. Often, when only the conferences are present, it is the
the bill. only way to harmonize conflicting provisions. The incomplete
b. The conferees are not limited to reconciling the differences in sentences in the transcripts may be attributed to the
the bill but may introduce new provisions germane to the stenographer’s own limitations or incoherence of statements.
subject matter or may report out an entirely new bill on the
subject.

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

Amendment in the nature of a substitute by the Conference enrolled bill and consulted the Journal to determine whether
Committee resulting in a third version is allowed provided it certain provisions of the statute had been approved by the
is germane to the subject of both versions. Senate. There was no longer any enrolled bill to consider when the
signature was withdrawn.

Doctrine of enrolled bill

Authentication of bills
When both houses approve the Conference Committee Report
adopting third version of the bill, it is the latter that is the final The system of authentication devised is the signing by the
and conclusive version submitted to the president for approval. Speaker and the Senate President of the printed copy of the
The requirement of 3 readings on separate days and distribution approved bill, to signify to the President that the bill being
of copies 3 days prior does not apply to Conference Committee presented to him has been duly approved by the legislature and is
Reports. ready for his approval or rejection.

Under the enrolled bill doctrine, the text of the act as passed and President’s approval or veto
approved is deemed importing absolute veracity and is binding on
the courts. An enrolled copy of the bill is conclusive not only Once the bill is approved, it is transmitted to the President of the
of its provisions but also of its due enactment. Once the Philippines for signature. The President may then either sign the
Senate President and Speaker sign the bill and the Secretaries bill to indicate approval, or veto the bill to indicate disapproval. If
certify approved, the bill officially becomes a law.

IS THE DOCTRINE OF ENROLLED BILL ABSOLUTE?

No, in one case, the Senate President admitted to a mistake and Override of presidential veto
withdrew his signature. Thus, the Supreme Court went behind the

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STATUTORY CONSTRUCTION MIDTERM NOTES

ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

If the President decides to exercise his veto powers, the Congress f. Preamble – part of statute explaining the reasons for its
may re-pass the vetoed bill if two-thirds of both Houses, voting enactment and the objects sought to be accomplished.
separately, approve its enactment. In this case, the bill also Usually, it starts with “whereas”. Part which follows the title
officially becomes a law. and precedes the enacting clause

g. Enacting clause – part of statute which declares its enactment

3 ways by which a bill becomes a law and serves to identify it as an act of legislation proceeding
from the proper legislative authority. “Be enacted” is the
A bill passed by Congress becomes a law in either of three ways: usual formula used to start this clause. Precedes body of
statute, identifies the bill as an act of legislation, absence
1. When the President signs it

does not nullify law unless required by the Constitution, not
2. When the President does not sign nor communicate his
required by Constitution but used as a matter of legislative
veto of the bill within thirty days after his receipt thereof

practice or custom.
3. When the vetoed bill is repassed by Congress by two-thirds
vote of all its members, voting separately. (Congress h. Body – the main and operative part of the statute containing its
overrides veto) substantive and even procedural provisions. Provisos and
exceptions may also be found. 
 Main part of the bill, rights
or remedies.
PARTS OF THE STATUTE
i. POLICY SECTION – declaration of state policy.
e. Title – the heading on the preliminary part, furnishing the name
by which the act is individually known. It is usually prefixed j. Definition section – Defines terms
to the statute in the brief summary of its contents. The
general statement of the subject of the bill. k. Administrative section – Enforcement body

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ATTY. F.G.S. GUJILDE

ANGIE DOREEN P. KHO

EH 301

l. Standards of conduct – do and avoid Usually after 15 days following completion of publication in
the Official Gazette or in a newspaper of general circulation.
m. Sanctions – penalties
One title-one subject rule.
n. Transitory Provisions – Temporary provisions for transition
Sec. 26 (1), Article VI, 1987 Constitution.
o. Repealing Clause - announces the prior statutes or specific
“Every bill passed by the Congress shall embrace only one subject
provisions which have been abrogated by reason of the
which shall be expressed in the title thereof”
enactment of the new law. 
 Repeal is not a legislative
finding that the earlier law in unconstitutional. A bill embraces only one subject matter, to prevent logrolling, to
prevent surprise or fraud, to inform the people.
p. Saving Clause – restriction in a repealing act, which is
intended to save rights, pending proceedings, penalties, etc. Tolentino v Secretary of Finance, 235 SCRA 630 (1994)
from the annihilation which would result from an
ISSUE: An Act Restructuring the Value-Added Tax (VAT) System,
unrestricted repeal. 

Widening Its Tax Base and Enhancing its Administration, and For
These Purposes Amending and Repealing the Relevant Provisions
q. Separability Clause – provides that in the event that one or
of the National Internal Revenue Code, as amended, And For
more provisions or unconstitutional, the remaining
Other Purposes.
provisions shall still be in force. 
 If part of the law is
declared invalid, the rest remains valid. Does not bind the HELD: To insist that the tax exemption be specified in the title is
courts. The whole statute may be nullified, if what is left is to require the title of the bill to be a complete index of its content.
not complete or workable. Every bill is required to embrace only one subject expressed in its
title to prevent surprise upon members of the Congress and
r. Effectivity Clause / Date of effectivity– announces the inform the people about it. If PAL did not know that its exemption
effective date of the law. 
 Time when law takes effect. was withdrawn, it is not due to the defect in the title but because

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ANGIE DOREEN P. KHO

EH 301

just like other statutes, they pass unnoticed even if published. to amend the Constitution by shifting from Bicameral-Presidential
The title is sufficient if it expresses the general subject of to Unicameral-Parliamentary form of government. It asked the
the statute and all its provisions are germane to the people this proposition: DO YOU APPROVE THE AMENDMENT OF
general subject thus expressed. ARTICLES VI AND VII OF THE 1987 CONSTITUTION, CHANGING
THE FORM OF GOVERNMENT FROM THE PRESENT BICAMERAL-
PRESIDENTIAL TO A UNICAMERAL-PARLIAMENTARY SYSTEM, AND
Logrolling – Combination of multiple propositions in one PROVIDING ARTICLE XVIII AS TRANSITORY PROVISIONS FOR THE
proposal. Entire proposition is nullified, not only the subject ORDERLY SHIFT FROM ONE SYSTEM TO THE OTHER?
matter.
HELD: For sure, the great majority of the 6.3 million Filipinos who
A legislative practice of embracing in one bill several distinct signed the signature sheets did not see the full text of the
matters, none of which, perhaps, could singly obtain the assent of proposition. They could have not known the nature and effect of
the legislature, and then procuring its passage by a combination of the proposed changes: 1. The term limits will be lifted and thus
the minorities in favor of each of the measures into a majority that members of the Parliament can be re-elected indefinitely. 2. The
will adopt them all. interim Parliament can continue to function indefinitely until its
members, who are almost all the present members of Congress,
Practice of including in one statute or constitutional amendment decide to call for new parliamentary elections. 3. Within 45 days
more than one proposition, inducing voters to vote for all, from the ratification of the proposed changes, the interim
notwithstanding they might not have voted for all if amendments Parliament shall convene to propose further amendments or
or statutes had been submitted separately. revisions to the Constitution.
Lambino v COMELEC, G.R. No. 174153, October 25, The subject matter of this proposed transitory provision is
2006 totally unrelated to the shift from presidential-bicameral to
FACTS: In 2006, the group led by Raul Lambino and Enrico unicameral-parliamentary system. This is logrolling. It places the
Aumentado gathered signatures nationwide as people’s initiative people in a dilemma since they can answer only either yes or no to

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ANGIE DOREEN P. KHO

EH 301

the entire proposition, which contains 2 subjects, one of which Legislative oversight functions, categorized.
they may find unacceptable.
 Scrutiny - may request data from other branches

 Investigation - whether there is implementation of the law

Effects of insufficiency of title. Bill is void insofar as the
 Supervision - legislative veto (not allowed anymore)
subject matter not expressed in the title is concerned. But id void
and valid are inseparable, the nullity of one vitiates the other. ( go
back to PREAMBLE)
Power of oversight, limitation
a) A statute whose title does not conform to the one title-
subject or is not related to its subject is null and void
b) If subject matter of statute is not sufficiently expressed in
its title, only the unexpressed subject matter is void
Abakada Guro Partylist v. Purisima
leaving the rest in force
-

POST- ENACTMENT LEGISLATIVE MEASURES

- supervise to the enactment of the law

Power of oversight, defined.

Power of oversignt, basis.

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ANGIE DOREEN P. KHO

EH 301

Lamp v. Secretary of Budget and Management

VALIDITY OF STATUTE Void for vagueness rule.

- Every statute passed by legislature is presumed to be valid Violates due process, people are not informed on what conduct to
because the legislature is supposed to have considered the avoid
question of its validity before approving it. In cases of doubt, the
Related to overbreadth, this doctrine holds that a law is
court resolves in favor of its validity. Presumption of
facially invalid if men of common intelligence must necessarily
constitutionality, in deference to the wisdom, integrity and
guess at its meaning and differ as to its application. It is subject to
patriotism of the legislature, all reasonable doubts are ruled in
the same principle governing the overbreadth doctrine. For one, it
favor of constitutionality. To doubt is to sustain.
is also an analytical tool for testing “on their faces” statutes in free
speech cases. And like overbreadth, it is said that a litigant may
challenge a statute on its face only if it is vague in all its possible
Presumption of constitutionality.
applications.
The presumption is always in favor of constitutionality. However, if
the statute is really unconstitutional, the courts are not only
authorized but must declare its unconstitutionality. The court must (OVERBREADTH DOCTRINE : Doctrine of overbreadth. Consti.
see to it that the other departments have not exceeded their Law. [A]n exception to the prohibition against third-party
constitutional authority. (Essence of Separation of Powers and standing, [the doctrine] permits a person to challenge a statute on
System of Check and Balance) the ground that it violates the [free speech] rights of third parties

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ANGIE DOREEN P. KHO

EH 301

not before the court, even though the law is constitutional as

applied to that defendant. In other words, the overbreadth
doctrine provides that: “Given a case or controversy, a litigant
whose own activities are unprotected may nevertheless challenge
a statute by showing that it substantially abridges the [free
speech] rights of other parties not before the court.”
[Chemerinsky, Consti. Law, p. 86, 2nd Ed. (2002)]. Compare with
Doctrine of void for vagueness.

Vagueness Test

Void-for-vagueness rule, when applicable

Rationale

Void-for-vagueness rule, when inapplicable

Effects of unconstitutionality.

Void-for-vagueness rule, application in Philippine

Jurisdiction The general rule is that an unconstitutional act is not a law.

(a) It confers no rights

Romualdez v. Sandiganbayan (b) It affords no protection
(c) It imposes no duties
- (d) It creates no office
(e) It is inoperative as though it had never been passed.

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ANGIE DOREEN P. KHO

EH 301

doctrine may apply, and the effects of the unconstitutional act will
have to be recognized. Existence of statute prior to nullity, is an
Regard should be had to what has been done while the statute
operative fact that must be recognized, statute was in force and
was in operation and presumed to be valid. Hence, its operative
complied with and so parties have already acted under it.
fact before a declaration of nullity must be recognized.

(2)Modern view.
2 Views on the effects of a declaration of unconstitutionality of a
statute: The court in passing upon the question of constitutionality does
not annul or repeal the statute if it is unconstitutional, it simply
1) Orthodox view.
refuses to recognize it and determines the rights of the parties
Article 7, Civil Code. just as if the statute had no existence. It does not repeal,
supersede, revoke or annul the statute. The parties to the suit are
Operative fact. concluded by the judgment, but no one else is bound.
An unconstitutional law confers no right, is not a law, imposes no
duties, affords no protection; in legal contemplation, it is
inoperative, as if it had not been passed. Partial invalidity.

Article 7, Civil Code:

The general rule is that where part of a statute is void as

repugnant to the Constitution, while another part is valid, the valid
Operative Fact Doctrine: As a general rule, the portion if separable from the invalid, may stand and be enforced
nullification of an unconstitutional law or act carries with it the must be complete and intelligible to enforce legislative intent.
illegality of its effects. However, in cases where the nullification of
its effects ill result in inequity and injustice, the operative fact

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ANGIE DOREEN P. KHO

EH 301

Exemptions to this rule: when the parts are so mutually separability clause does not clothe the valid parts with immunity
dependent and connected to each other. Legislature is presumed from the invalidating effect the law gives to the inseparable
to have intended them as a whole. Nullity of one vitiates the rest. blending of the bad with the good. The Separability clause cannot
SEPARABILITY CLAUSE: intent of separability, rather than also be applied if it will produce an absurd result. In sum, if the
complete nullity. The presence of separability clause creates the separation of the statute will defeat the intent of the legislature,
presumption that the legislature intended separability, rather than separation will not take place despite the inclusion of a
complete nullity of the statute. separability clause in the

Tatad v Secretary of Department of Energy, 281 SCRA 330

(1997) (Separability Clause)

FACTS: The Supreme Court declared unconstitutional 3 provisions

of RA 8180 or An Act Deregulating the Downstream Oil Industry—
the provisions on 4% tariff differential, minimum inventory and
ORDINANCE
predatory pricing which were declared anti-competition. These
provisions are the key provisions of RA 8180.
ISSUE: Whether the nullity (striking down) of the 3 provisions of
Ordinance, defined.
the law infect the entire law even with the presence of the
Separability Clause? Ordinance – an act passed by the local legislative body in the
HELD: YES. Because to decree partial unconstitutionality of RA exercise of its law-making authority.
8180 will bring about absurdity. Separability Clause is not binding
with the Supreme Court. Separability clause only creates a Barangay ordinance, authority to pass and review.
presumption of that the act is severable. It is merely an aid in
statutory construction. IT is not an inexorable command. A

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ANGIE DOREEN P. KHO

EH 301

Sanggniang barangay: smallest legislative body; may pass an the approved ordinance is submitted to the Sangguniang
ordinance affecting a barangay by a majority vote of all its panlalawigan, who shall act within 30 days.
members. Its ordinance is subject to review by sangguniang
bayan or panlungsod, to determine if it is in accordance with
municipal or city ordinance. Sangguniang Bayan or panlungsod Provincial ordinance, authority to pass and veto.
shall take action on the ordinance within 30 days from submission.
Sangguniang panlalawigan: by a vote of a majority of the
members present, there being a quorum, enact ordinance that will
affect the province. The ordinance is forwarded to the governor
Municipal ordinance, authority to pass, veto and review.
who. Within 15 days shall return it with his approval or veto. A
Sangguniang Bayan: affirmative vote of a majorirty of the vetoed ordinance may be repassed by two-thirds vote.
members of the sangguniang bayan, there being a quorum.
Ordinance is then submitted to the municipal mayor, who within
10 days from the receipt shall return it with his approval or veto. TEST OF VALID ORDINANCE
The ordinance is then submitted to sangguniang panlalawigan for
1. Must not contravene the Constitution or any statute; 2. Must
review, who within 30 days may invalidate it in whole or in part.
not be unfair or oppressive;
 3. Must not be partial or

discriminatory;
 4. Must not prohibit but may regulate trade; 5.

City ordinance, authority to pass, veto & review. Must be general and consistent with public policy; and 6. Must not
Sangguniang panlungsod: affirmative vote of a majority of the be unreasonable.
members of the sangguniang bayan, there being a quorum.
Approved ordinance shall be submitted to the mayor, who within
10 days shall return it with approval or his veto. The Sanggunian Legaspi v. Cebu City
may repass a vetoed ordinance. If the city is a component city,

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ANGIE DOREEN P. KHO

EH 301

The gist of all ordinances with penal sanctions shall be

published in a newspaper of general circulation, within the
province where the local legislative body concerned belongs.

In case of highly-urbanized and independent component

REASON WHY AN ORDINANCE SHOULD NOT CONTRAVENE A cities, the main feature of the ordinance or resolution duly enacted
STATUTE Local councils exercise only delegated legislative powers or adopted shall, in addition to being posted, be published once in
conferred on them by Congress as the national law making body. a local newspaper of general circulation within the city.

Unless a statute is by its provisions for a limited period only, it

The delegate cannot be superior to the principal.
continues in force until changed or repealed by the legislature.
Law once established continues until changed by some competent
legislative power. It is not changed by change of sovereignty.

When local ordinances take effect.

Manner of computing time.
Local ordinance shall take effect after 10 days from the date a
copy thereof is posted in the bulletin board at the entrance of the Where a statute requires the doing of an act within a specified
provincial capitol or city, municipal, or barangay hall, as the case number of days, such as 10 days, from notice, it means 1o
may be, and in at least two other conspicuous places in the local calendar days and not working days. Where the word “week” is
government unit. used as a measure of time and without reference to the calendar,
it means a period of seven consecutive days without regard to the
The Secretary of the sanggunian shall cause the posting of the
day of the week from which it begins (PNB Vs CA).
ordinance within 5 days after its approval.
a. Year: 365 days
b. Month: 30 days except if the months are designated

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ANGIE DOREEN P. KHO

EH 301

c. Days: 24 hours inherent vice or defect, which, invalidating the contract from the
d. Night: from sunrise to sunset beginning, would be ground for rescission.
e. Week: a period of 7 consecutive days without regard to the
Law Dictionary: What is RESOLUTION? definition of RESOLUTION
day of the week from which it begins.
(Black's Law Dictionary)
Civil Code adopts the 365 day year and the 30-day month
and not the

Resolutions convey principles and sentiments of the Senate or

RESOLUTION the House of Representatives. These resolutions can further be
divided into three different elements:

a. joint resolutions — require the approval of both chambers

Resolution, defined. of Congress and the signature of the President, and have
the force and effect of a law if approved.
The determination or decision, in regard to its opinion or intention,
b. concurrent resolutions — used for matters affecting the
of a deliberative or legislative body, public assembly, town council,
operations of both chambers of Congress and must be
board of directors or the like. Also a motion or formal proposition
approved in the same form by both houses, but are not
offered for adoption by such a body. In legislative practice. The
transmitted to the President for his signature and therefore
term is usually employed to denote the adoption of a motion, the
have no force and effect of a law.
subject-matter of which would not properly constitute a statute;
c. simple resolutions — deal with matters entirely within the
such as a mere expression of opinion; an alteration of the rules ; a
prerogative of one chamber of Congress, are not referred
vote of thanks or of censure, etc. In practice. The judgment of a
to the President for his signature, and therefore have no
court. In the civil law. The cancellation or annulling, by the act of
force and effect of a law.
parties or judgment of a court, of an existing contract which was
valid and binding, in consequence of some cause or matter arising
after the making of the agreement, and not in consequence of any

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ANGIE DOREEN P. KHO

EH 301

Kinds of resolutions. A joint resolution, like a bill, requires the approval of both houses
and the signature of the President. It has the force and effect of a
law if approved. There is no real difference between a bill and a
Simple. joint resolution. The latter generally is used when dealing with a
single item or issue, such as a continuing or emergency
It is usually designated with P. S. Res. A simple resolution deals appropriations bill.
with matters entirely within the prerogative of one house of
Congress, such as adopting or receiving its own rules. A simple
resolution is not considered by the other chamber and is not sent
to the President for his signature. Like a concurrent resolution, it
EXECUTIVE ORDERS
has no effect and force of a law. Simple resolutions are used
occasionally to express the opinion of a single house on a current
issue. Oftentimes, it is also used to call for a congressional action
BASIS: The President has an ordinance power
on an issue affecting national interest.

Concurrent.
Executive order, defined.
A concurrent resolution is usually designated in the Senate as
S. Ct. Res. It is used for matters affecting the operations of both Source of power.
houses and must be passed in the same form by both of them.
Ordinance power of the president
However, they are not referred to the President for his signature,
and they do not have the force of law. Concurrent resolutions are
used to fix the time of adjournment of a Congress and to express
Abakada Guro Party List v. Purisima
the “sense of Congress” on an issue.

Joint.
Effectivity of Presidential Issuances

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ANGIE DOREEN P. KHO

EH 301

Tanada v. Tuvera

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