STATUTORY CONSTRUCTION

1.

What are the sources of Philippine law? Discuss each briefly.

The main sources of Philippine law are the Constitution, statutes, treaties
and conventions and judicial decisions.
- A. Constitution is the fundamental law od the land and as such, it is
authority of the highest order against which no other authority can prevail.
- B. STATUTES Statutes are intended to provide rules and regulations
which will govern the conduct of people in the face of ever-changing
conditions.
- C. TREATIES AND CONVENTIONS - Has been defined as a compact made
between two or more independent nations, the Philippines is a signatory
to and has concluded numerous treaties and conventions, and such the
authority given to the legislative branch for enactments.
- D.
JUDICIAL DECISIONS In our Civil code provides that, judicial
decisions applying to or interpreting the laws or the Constitution shall
form a part of the legal system of the Philippines, only decisions of its
Supreme Court establish jurisprudence and are binding on all other courts.

2.

What is stare decisis principle? Is it applicable in the Philippines? Why or

why not?
The doctrine of stare decisis principle et non quieta movere is based on
the principle that once a question of law has been examined and decided,
it should be deemed settled and closed to further argument. It is
applicable in the Philippines as various jurisprudence have also stated by
the Supreme Court that these principle are applicable in our country, thus,
JUDICIAL DECISIONS APPLYING OR INTERPRETING THE LAWS OR THE
CONSTITUTION SHALL FORM PART OF THE LEGAL SYSTEM OF THE
PHILIPPINES.

3.

What is a bill?
A bill is the draft of a proposed law from the time of its introduction in a
legislative body through all the various stages in both houses. It is
enacted into law by a vote of the legislative body.

4.

How does a bill becomes a law?

A.
INTRODUCTION:
Must be by any member of the House of
Representatives or Senate except for some measures that must originate
from the former chamber;
- B. FIRST READING: The reading of the title and the number; the bill is
passed by the Senate President or Speaker to the proper committee;
- C. SECOND READING: Entire text is read and debates are held, and
amendments introduced. The bill as approved in the second reading is
printed in its final form and copies are distributed three days before the
third reading.

D. THIRD READING: Only the title is read, no amendments are allowed.

Vote shall be taken immediately thereafter and the yeas and nays entered
in the journal;
E. SENT TO OTHER CHAMBER: Once the bill passes the third reading, it is
sent to the other chamber where it will also go under three readings;
F. ENROLLED BILL: The bill is printed as finally approved by the Congress,
authenticated with the signatures of the Senate President or the Speaker
and the Secretary and approved by the President;
G. SUBMISSION TO THE PRESIDENT Every bill, in order to become a law,
must be presented to and signed by the President. If the President does
not approve of the bill, he shall veto the same and return it with his
objections to the House from which it originated. The House shall enter
the objections in the Journal and proceed to reconsider it. The President
must communicate his decision to veto within 30 days from the date of
receipt thereof. If he fails to do so, the bill shall become a law as if he
signed it. To override the veto, at 2/3 of all members of each House must
agree to pass the bill. In such case, the veto is overridden and becomes a
law without the need of presidential approval.

5.

What are the parts of a statute:

A. Title the heading
B. Preamble explaining the reasons of its enactment
C. Enacting clause which declares and serves to identify it as an act of
legislation proceeding from the proper legislative authority;
D. Body the main and operative part of the statute
E. Repealing clause announces the prior statutes or specific provisions
which have been abrogated by reason of the enactment;
F. Saving Clause Restriction in a repealing act, which is intended to save
rights, pending proceedings, penalties, etc.
G. Separability clause provides that in the event that one or more
provisions or unconstitutional, the remaining provisions shall still be in
force;
H. Effectivity clause announces the effective date of the law.

6.

What is log-rolling legislation?

A legislative practice of embracing in one bill several distinct matters,
none of which, perhaps, could singly obtain the assent of the legislature,
and then procuring its passage by a combination of the minorities in
favour of each of the measures into a majority that will adopt them all.
Practice of including in one statute or constitutional amendment more
than one proposition, inducing voters to vote for all, notwithstanding they
might not have voted for all amendments or statutes had been submitted
separately.

7.

What is a hodge-podge legislation?

A name given to a legislative act which embraces many subjects. Such

acts, besides being evident proofs of the ignorance of the makers of them,
or of their want of good faith, are calculated to create a confusion which is
highly prejudicial to the interests of justice. Instances of this wretched
legislation are everywhere to be found.

8.

What is veto power?

The power of the President to disapprove the bill, the term is veto. The
Constitution provides that only a particular item or items may be vetoed.
The power to disapprove any item or items in an appropriate bill does not
grant the authority to veto a part of an item and to approve the remaining
portion of the same item. The terms item and provision in budgetary
legislations and practice are concededly different. An item in a bill referes
to the particulars, the details, the distinct and severable parts of the bill.

9.

What is the override power of the Congress? When is it applicable?

The override power of the Congress which is the 2/3 of all the members of
each house must agree to pass the bill. It is applicable when the President
given the 30 days from the date of receipt to veto the bill, the bill shall
become a law without the need of the approval of the President as if he
signed it.

10. Why do you have to study statutory construction?

As a law student, studying statutory construction is a must, for it will give
the meaning of every statute, the authors of every law, applying it to a
given state of facts. The interpretation of every authors of law, when the
intention rendered doubtful like in the issuance of ordinances in the local
and city government, its purpose in implementing the rules and
regulations where it is not in accordance with the law. The very essence
of it is how to discover the meaning and the intention of the author.