Sie sind auf Seite 1von 5

Law Rule of conduct formulated and made obligatory by legitimate power of the state.

. Legislative Power it is the authority, under the Constitution, to make laws, and to alter and repeal them. Hierarchy of Laws:

Constitution where all other laws get its bearings. Statutes passed by Congress. Limitations are the constitution. It must not contravene the constitution. Presidential Issuances Supreme Courts Circulars, Rules and Regulations Rules and Regulations Local Ordinances

Statue act of the legislature as an organized body, expressed in the form, and passed according to the procedure, required to constitute it as part of the law of the land. Private Statute applies only to a specific person or subject. Public Statute affects the public at large or the whole community

o o

General applies to the whole state and operates throughout the state alike upon all the people or all of a class. It embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class. Special relates to particular persons or things of a class or to a particular community, individual or thing. Local confines to a specific place or locality.

Permanent Statue one whose operation is not limited in duration but continues until repealed. Temporary Statute one whose duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of event. Statutes may be public, private, permanent, temporary, prospective, retroactive, mandatory, directory, substantial, remedial, penal, and affirmative. Manners of referring to Statutes: Public Acts passed by the Philippine Commission and the Philippine Legislature from 1901 to 1935. Commonwealth Acts pass during the Commonwealth period 1936 to 1946. Republic Acts passed by the Congress of the Philippines from 1946 to 1972 and from 1987 under the 1987 Constitution. Batas Pambansa passed by Batasang Pambansa Presidential Decrees (Ex. Labor Code of the Phil.) & Executive Orders (Ex. Family Code) issued by the President in the exercise of his legislative power.

Bill a proposed legislative measure introduced by a member or members of Congress for enactment into law. Enrolled Bill bill passed by Congress, authenticated by the Speaker and Senate President and approved by the President. Steps in the passage of bill into law: First and second readings of bills.

Third reading. Conference committee reports. Authentication of bills. Presidents approval or veto.

Bill passed by Congress becomes a law in either of three ways: When the President signs it When the President does not sign nor communicate his veto of the bill within thirty days after his receipt thereof. When the vetoed bill is repassed by Congress by two-thirds vote of all its Members, each house voting separately. PARTS OF STATUTES Preamble prefatory statement or explanation or a finding of facts, reciting the purpose, reason, or occasion for making the law to which it is prefixed. Title of statute every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof. o Purpose of title requirement o Subject of repeal of statute o How requirement of title construed o When requirement not applicable o Effect of insufficiency of title * Effects of insufficiency of title -- Statute is unconstitutional, however, consider the possibility of separability.

Administrative Issuances must comply with the following requisites:

Enacting clause which body or who have legislative power, where the power comes from. Purview or body of statute Separability clause Repealing clause Saving restriction on a repealing act, which is intended to save rights, pending proceedings, penalties, etc. from the annihilation which would result from an unrestricted repeal. Effectivity clause

Its promulgation must be authorized by the legislature It must be promulgated in accordance with the prescribed procedure It must be within the scope of the authority given by the legislature It must be reasonable

Requisites for a statute to be constitutional or unconstitutional, as a rule: The existence of an appropriate case An interest personal and substantial by the party raising the constitutional question The plea that the function be exercised at the earliest opportunity The necessity that the constitutional question be passed upon in order to decide the case

Legal Standing/Locus Standi 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. Essential Requisites for Judicial Review: Standing Ripeness and Prematurity

Justiciability Lis Mota

** Succinctly put, courts will not touch the issue of constitutionality unless it is truly unavoidable and is the very lis mota or crux of the controversy.

General Appropriation Bill special type of legislation whose content is limited to specified sums of money dedicated to specific purposes or a separate fiscal unit. Restrictions in passage of budget or revenue bills: Budget preparation by the President and submission to Congress Each provision must relate specifically to particular appropriation Procedure in approving appropriations Special appropriation bill to specify purpose Restriction on transfer of appropriation; exception (a) the funds to be realized or transferred are actually savings in the items of expenditures from which the same are to be taken (b) the transfer or realignment is for the purpose of augmenting the items of expenditures to which transfer or realignment is to be made. Discretionary funds requirements Automatic re-enactment of budget Presidents veto power No public funds to be spend except by law No public money or property for religious purposes Money for special purpose Highest budgetary priority to education, directory

Rule-making power of a public administrative agency is a delegated legislative power. Due Delegation of Legislative Power: (Stringent Conditions) a. The law must be complete in itself must set forth the policy to be executed, carried out or implemented by the delegate.

b. The law must fix a standard limits which are sufficiently determinate or determinable to which the delegate must conform
in the performance of his functions.

Administrative Rule makes new law with the force and effect of a valid law; binding on the courts; requires publication for effectivity. Administrative Interpretation merely interprets an existing law; merely advisory or recommendatory upon the court; does not require publication for effectivity.

Local Ordinances

Barangay Ordinance (Sangguniang Barangay) no veto power for Brgy Capt; majority vote submitted to Sangguniang Bayan or Sangguniang Panlunsod within thirty (30) days for approval.

Municipal Ordinance (Sangguniang Bayan) majority vote for passage; veto power of municipal mayor within ten days for approval or veto; 2/3 vote to override of the veto; submitted Sangguniang Panlalawigan and for within thirty (30) days for action otherwise it shall be deemed valid. City Ordinance (Sangguniang Panlunsod) majority vote for passage; veto power of city mayor; within ten days for approval or veto; submitted to Sangguniang Panlalawigan for within thirty (30) days for approval otherwise it will be deemed valid. Province Ordinance (Sangguniang Panlalawigan) majority vote for passage; veto power of governor; within fifteen days for approval or veto; 2/3 vote of all its members for repass.

Construction Art or process of discovering and expounding the meaning and intention of the authors of the law, where that intention is rendered doubtful by reason of the ambiguity in its language or of the fact that the given case is not explicitly provided for in the law. It is the drawing of warranted conclusions respecting subjects that lie beyond the direct expression of the text, conclusions which are in the spirit, though not within the letter of the text. Interpretation is the art of finding the true meaning and sense of any form of words, while construction is the process of drawing warranted conclusions not always included in direct expressions, or determining the application of words to facts in litigation.

Legislation It is an active instrument of government which, for purposes of interpretation, means that laws have ends to be achieved. Legislative Intent It is the vital part, the essence of the law. The intent of the legislature is the law, and the key to, and the controlling factor in, its construction or interpretation. The primary source of legislative intent is the statute itself. Legislative Purpose It is the reason why a particular statute was enacted by the legislature. Legislative Meaning It is the law, by its language, means; what it comprehends, what it covers or embraces, what it limits or confines Basic Rule of Construction: Intent (Purpose and Meaning) Purpose reason why the statute was enacted Meaning what the language of the law means Judicial rulings have prospective effect to protect vested rights. Limitations on Power to construe Courts cannot enlarge nor restrict statutes Courts should not be influenced by questions of wisdom AID of CoNSTRuCTIoN Intrinsic Extrinsic INTRINSIC Title Preamble

EXTRINSIC 3 Types of Executive Construction Construction by executive/administrative authorities who are tasked to execute or administer the law Construction by the Secretary of Justice (as the governments chief legal adviser) Construction handed down in adversary proceedings in the form of a ruling in the exercise of quasi-judicial power