A.
SOURCES OF LAW
1. PRIMARY
Mandatory and binding. Enforced by the State.
Authorities Sources
Constitution Legislature
Statutes Legislature
Case laws/ Jurisprudence Judiciary
Administrative Regulations Executive
Executive Order Executive
Treaties Executive
Presidential Decrees Executive
Municipal Laws and Executive
Ordinances
A. CONSTITUTION
Constitutional Law – branch of public law of a state which treats
of the organization and frame of government, the organs and power
of sovereignty, the distribution of political and governmental
authorities and functions, the fundamental principles which are to
regulate the relations of government and subject, and which
prescribes generally the plan and method according to which the
public affairs of the state are to be administered.
Political Law – branch of law which deals with the organization and
operation of the governmental organs of the State and define the
relations of the state with the inhabitants of the territory.
The Philippine Constitution is the supreme law of the land and all
subordinate laws must vow down to the Constitution.
The written instrument embodying this fundamental law, together
with any formal amendments. (Black’s law dictionary, 9th edition)
The fundamental and organic law of a nation or state that
establishes the institutions and apparatus of government, defies
the scope of government sovereign powers, and guarantees
individual civil rights and civil liberties. (Black’s law dictionary, 9th
edition)
The precedence and Hierarchy of laws follows the sequence it is
created. Where there are conflict of laws, the Constitution is the
supreme law of the land because it was created first by the
sovereign people. The Constitution occupies the highest level in
the “Hierarchy of Laws”
Supreme Court – the basic and paramount law to which all other
laws must conform and to which all persons, including the highest
official of the land, must defer.
PEAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty
God, in order to build a just and humane society and establish a
Government that shall embody our ideals and aspirations, promote
the common good, conserve and develop our patrimony, and
secure to ourselves and our posterity the blessings of
independence and democracy under the rule of law and a regime
of truth, justice, freedom, love, equality, and peace, do ordain and
promulgate this Constitution.
Authorship:
“sovereign Filipino people” – suggesting that another power was
merely announcing that the Filipinos were finally allowed to
promulgate a constitution.
“We” – stresses the active and sovereign role of the Filipino people
as author of the Constitution.
Scope and Purpose – “to build a just and humane society and
establish a Government that shall embody our ideals and
aspirations, promote the common good, conserve and develop our
patrimony, and secure to ourselves and our posterity the blessings
of independence and democracy under the rule of law and a regime
of truth, justice, freedom, love, equality, and peace”
“Almighty God” – is more personal and more consonant with
personalist Filipino religiosity. The invocation of God is also a signal
that, while church and state are institutionally separate, God and
people are not.
* replaced “divine providence”
“common good” – projects the idea of a social order that enables
every citizen to attain his fullest development economically,
politically, culturally, and spiritually.
“general welfare” – was avoided because it could be interpreted as the
“greatest good for the greatest number.
“equality” – emphasizes that a major problem in the Ph is the
prevalence of gross economic and political inequities.
“Love” – monument to the love that prevented bloodshed in
February revolution.
“Truth” – protest against the deception which characterized the
previous regime.
“Peace” – the fruit of the convergence of truth, justice, freedom,
and love.
“Rule of Law” – expresses the concept that government officials
have only the authority given to them by law and defined by law,
and that such authority continues only with the consent of the
people.
Art. 7. Laws are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by disuse,
or custom or practice to the contrary.
When the courts declared a law to be inconsistent with the
Constitution, the former shall be void and the latter shall
govern.
Administrative or executive acts, orders and regulations shall
be valid only when they are not contrary to the laws or the
Constitution.
Repeal
Repeal of law is the legislative act of abrogating through a
subsequent law the effects of a previous statute or portions thereof.
2 types
(1) express; or
*Express is one which is literally declared by a new law, either in
specific terms, as where a particular laws and provisions are named
and identified and declared to be repealed.
(2) implied.
*Implied takes place when a new law contains provisions contrary to
or inconsistent with those of a former without expressly repealing them.
(not favored)
* a special statute, providing for a particular case or class of cases, is not
repealed by a subsequent statute, general in its terms, provisions and
applications, UNLESS the intent to repeal or alter is manifest, although the
terms of the general law are broad enough to include the cases embraced in
the special law.
Unconstitutional statutes
Constitution is the supreme law of the land. No ordinary statute can
override a constitutional provision.
In deciding the constitutionality of a statute, every presumption
favors the validity of the same and whenever possible, statutes
should be given a meaning that will not bring them in conflict with
the constitution.
The constitutionality or unconstitutionality of a statute depends
upon factors other than those existing at the time of the enactment
thereof, unaffected by the acts or omissions of law enforcing
agencies, particularly those that take place subsequently to the
passage or approval of the law.
Partial unconstitutionality of statutes
GR: a portion of a statute is rendered unconstitutional and the
remainder valid, parts will be separated, and the constitutional
portion upheld.
EXC: If parts of the statutes are so mutually dependent and
connected, as conditions, considerations, inducements, or
compensations for each other, as to warrant that if all could not be
carried into effect, the legislature would not pass the residue
independently, then if some parts are unconstitutional, all
provisions which are thus dependent, conditional, or connected
must fall with them.
Rules and regulations/administrative and executive acts
Rules and regulations when promulgated in pursuance of the
procedure or authority conferred upon the administrative agency
by law, partake of the nature of a sanction provided in the law.
Statutes are usually couched in general terms, after expressing the
policy, purposes, remedies and sanctions intended by the
legislature.
A rule is binding on the courts so long as the procedure fixed for its
promulgation is followed, and its scope is within the statutory
authority granted by the legislature, even if the courts are not in
agreement with the policy stated therein.
STATUTES OR STATUTORY LAW
Next highest precedence, because they are created by Congress
from the authority derived from the Philippine Constitution.
A law passed by a legislative body; specifically, legislation enacted
by any lawmaking body, including legislatures, administrative
boards, and municipal courts.
STATUTES OR LEGISLATIVE ENACTMENT
- ENACTMENT OF LAWS
Art. VI SECTION 26. (1) Every bill passed by the Congress shall
embrace only one subject which shall be expressed in the title
thereof.
(2) No bill passed by either House shall become a law unless
it has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to its
Members three 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, and the yeas
and nays entered in the Journal. (Consti.)
Limitation on the Power of Congress
Limitation is divided into 2
(1) Substantive – they refer to the subject matter of legislation, and
they may be:
(a) Implied limitation – they do not rise from specific
provision of the constitution but are inferred from the nature
and character of our government, such as the prohibitions
against the delegation of the power to make laws and the
passage of irreplaceable laws.
(b) Specific limitations on general legislative powers –
they restrict the field of legislation in general and they are
mainly found in the Bill of Rights.
(c) Specific limitation on specific powers – they are
scattered in different part of the constitution.
(2) Formal – refer to procedural requirements to be complied with
by congress in the passage of bills and the form and content of the
same
Prohibition against delegation of legislative powers
(1) Rules founded on principle of separation of powers – a
branch may not delegate to another branch the powers entrusted
to it by the constitution.
(2) Rules are not absolute – rule of non-delegability of legislative
power is not absolute. It does not apply:
(a) where the delegation is expressly authorized by the
constitution;
(b) where delegation is made to local governments.
Prohibition against the enactment of irrepealable laws
(1) essence of legislative power – Legislative power is the
authority to make laws as well as to alter and repeal them.
(2) Consequences to public welfare of irrepealable laws
permanent – injuries consequences to the country would result if
legislation passed by the lawmaking body assumes a permanent
character.
Requirement as to subject and title of bills
(1) One title, one subject – a proposed law is called a bill. The
constitution requires that every bill passed the Congress shall
embrace only one subject which shall be expressed in the title
thereof.
Purpose of Constitutional requirement
(a) To prevent hodge-lodge or log-rolling legislation;
(b) To prevent surprise or fraud upon the legislative; and
(c) To fairly apprise the people, through such publication of
legislative proceedings as is usually made, of the subjects of
legislation that are being considered, in order that they may
have opportunity of being heard thereon by petition or
otherwise, if they shall so desire. (Cooley. Consti. Limitations)
*Hodge-podge or log-rolling legislation – any measure
containing several subjects on unrelated matters combined
together for the purpose of securing the support of the
members of the legislature severally interested in the different
subjects of the bills.
Effect of violation of requirement
The constitutional provision prohibits the passage of 2 classes of
bill:
(1) a bill containing provisions not fairly embraced in its title or
related to its subject matter.
 (2) A bill which embodies a different subjects notwithstanding
that all of them are expressed in its title.
Expectations to the requirement
It does not apply to:
(1) local ordinances as they do not partake of the nature of
laws but are mere rules provided for the fulfillment of laws.
(2) Proper codifications and revisions of statutes.
Purpose of 3 readings
To prevent hasty and improvident legislation and the railroading of
bills, and to compel the thorough and careful study of proposed
laws or the affording of the opportunity for that purpose.
*Railroading - to push (a law or bill) hastily through a legislature so that
there is not time enough for objections to be considered.
Certification of bills of the President
GR: 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
the members 2 days before its passage.
EXC: “when the President certifies to the necessity of its immediate
enactment to meet a public calamity or emergency.
Purpose of requirement that yeas and nays be entered in the
journal
The roll of Congress shall be called and each member the present
and answering to his name shall be “yea’ and ‘nay’ on th question
of the passage of the bill.
Art. 26 is mandatory
Art. VI SECTION 27. (1) 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 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. In all such
cases, the votes of each House shall be determined by yeas
or nays, and the names of the Members voting for or against
shall be entered in its Journal. The President shall
communicate his veto of any bill to the House where it
originated within thirty days after the date of receipt thereof;
otherwise, it shall become a law as if he had signed it.
(2) The President shall have the power to veto any particular
item or items in an appropriation, revenue, or tariff bill, but the
veto shall not affect the item or items to which he does not
object. (Consti)
Definitions
bill - is a draft of a law submitted tot eh consideration of a legislative
body of its adoption.
statute – written will of the legislature as an organized body
expressed according to the form necessary to constitute it into a
law of a state, and rendered authentic by certain prescribed forms
and solemnities.
Act – is often used in referring to a statute.
Parts of law
1. Title
Provides the name by which it is individually known.
Rule in case of conflict between the title and the body of the
statute:
It has been observed that "in modern practice the title is adopted by
the Legislature, more thoroughly read than the act itself, and in many
states is the subject of constitutional regulation." The constitutional in
jurisdiction that the subject of the statute must be expressed in the title
of the bill, breathes the spirit of command because "the Constitution
does not exact of Congress the obligation to read during its
deliberations the entire text of the bill." Reliance, therefore, may be
placed on the title of a bill, which, while not an enacting part, no doubt
"is in some sort a part of the act, although only a formal part."
2. Preamble
A prefatory explanation or statement, often commencing with the
word ‘whereas’ which purports to state the reason or occasion for
making a law or to explain in general terms the policy of the
enactment.
Introductory part of a statute.
Usually states the reasons and intent of the law.
3. Enacting Clause
Declares its enactment and identifies the government body that
enacted the statute or regulation.
4. Body
Contains the operative parts thereof, particularly its substantive
and procedural provisions.
Body of a statute may include the following:
a. Short title;
b. Definition of Terms;
c. Policy section;
d. Substantive Provisions;
e. Penal Clause;
f. Administrative Section
5. Headnotes and Epigraphs
Short statements that generally describe the body of the provision
to which they are attached to.
It cannot have the effect of limiting the words contained in the body
of the statute because they are usually nothing more than
convenient index to the contents of the body of the provision.
6. Repealing Clause
Identifies the prior statutes or parts thereof which are deemed
repealed or abrogated by reason of the enactment of the new
statute.
Express – specifically identifies the prior statute or provision which
the new statute repeals.
Implied – Former could be impliedly repeal with the latter if
provisions are inconsistent.
Two kinds
(a) Where the provisions of the two acts on the same subject
matter are contradictory.
(b) If the latter statute covers the whole subject matter of the
former and is clearly intended to as implied repeal by
substitution.
 *Implied are not favored.

Saving Clause – is a clause in a statute exempting something from DECLARATION OF UNCONSTITUTIONALITY

the statute’s coverage or operation.

7. Separability Clause
Makes the statute’s parts or provisions severable so that one part
can be invalidated without invalidating the whole.
GR: if a part of a statute is invalidated, the other portions, if
separable from the invalid portion, may stand and be enforced.
EXC: If the part of the statue 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.
EFFECTIVITY OF LAWS
Article 2. Laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless
it is otherwise provided. This code shall take effect one year
after publication. (NCC)
GR: when a statute does not explicitly provide for its, effectivity, it
shall have effect only after the expiration of the 15-day period
following the completion of its publication either in the official
gazette or in a newspaper of general circulation.

8. Effectivity Clause *no one shall be charged with notice of the statute’s provision until
the said publication is completed and the 15-day period has
Announces the date of effectivity. expired.

Art. 2. Laws shall take effect after 15 days following the completion *Publication must be in full or it is not publication at all since its
of their publication in the Official Gazette, unless it is otherwise purpose is to inform the public of its contents.
provided. This Code shall take effect one year after such
publication. (CC) *After the accomplishment of this requirement, the people are
deemed to have conclusively been notified of the law even if
Steps in the passage of a bill
actually the people or some of the same have not read them.
(1) First reading;
Covered by this rule
(2) Referral to appropriate committee;
1. Presidential Decrees and Executive Orders promulgated by the
(3) Second reading; president in the exercise of legislative power;

(4) Debates; 2. Administrative rules and regulations if their purpose is to enforce

or implement an existing law pursuant to a valid delegation;
(5) Printing and distribution;
3. Charter of the City;
(6) Third Reading;
4. Circulars issued by the Monetary Board if they are meant not
(7) Referral to the other House; only to interpret but to “fill in the details” of the Central Bank Act.

(8) Submission to joint bicameral committee; *PD includes those naming a public place after a favored individual
or exempting him from certain prohibitions or requirements.
(9) Submission to the President.
Not covered
When will bill may become a law
1. Interpretative regulations and those merely internal in nature –
The President may: only regulating personnels.

(1) sign the bill into law; 2. Letters of instructions – issued by superiors concerning rules or
guidelines to be followed by their subordinates.
(2) not sign the bill and allow it to lapse into a law after 30
days; or 3. Municipal Ordinances – covered by local Government.
(3) veto the bill and send it back to Congress with the veto “Unless it is otherwise provided”
message.
-solely refers to the 15-day period and not to the requirement of the
*No pocket veto
publication.
REPEAL AND AMENDMENT OF LAWS
*Publication is an indispensable requisite.
Art. 7. Laws are repealed only by subsequent ones, and their
*absence of publication will not render the law effective.
violation or non-observance shall not be excused by disuse,
or custom or practice to the contrary. - If the law provides a shorter or longer period, such period will
prevail.
When the courts declared a law to be inconsistent with the
Constitution, the former shall be void and the latter shall
govern.
Article 3. Ignorance of the law excuses no one from
Administrative or executive acts, orders and regulations shall compliance therewith. (NCC)
be valid only when they are not contrary to the laws or the
Constitution.(NCC) - Ignorantia legis non excusat”

Reason
PRESUMPTION OF VALIDITY - When a law is passed by the congress, and duly approved by the
president, properly published, and consequently becomes effective
pursuant to its effectivity clause or to some provision of a general
law on the effectivity of statutes, the public is always put on
constructive notice of the law’s existence and effectivity.
* this is true even if a person has no actual knowledge of such law.
* Article 3 only applies to mandatory and prohibitory laws.
*without notice and publication, there will be no basis for the
application of the maxim “Ignorantia legis non excusat.”
Art. 8. Judicial decisions applying or interpreting the laws or
the Constitution shall form a part of the legal system of the
Philippines. (NCC)
Judicial construction and interpretation
- construction is the art of process of discovering and expounding
the meaning and intention of the authors of the law with respect to
its application to a given case.
- courts have the principal function of not only resolving legal
controversies but also of interpreting and construing vague
provisions of law relative to a particular dispute.
Effect of judicial decision
- Judicial decisions shall assume the same authority of statutes.
- “legis interpretation legis vim obtinet” - The construction of law
obtains the force of law. The interpretation placed upon the written
law by a competent court has the force of law.
- Judicial decisions of SC are authoritative and precedent-setting
while those of the inferior courts and CA are merely persuasive.
When judicial decisions deemed part of the law
- application and interpretation placed by SC upon a law is part of
the law as of the date of its enactment since SC’s application and
interpretation merely established the contemporaneous legislative
intent that the construed law purports to carry into effect.
- new doctrines should be applied prospectively, and not apply to
parties who relied on the old doctrine.
EXECUTIVE/PRESIDENTIAL AND OTHER ISSUANCES OF THE
DIFFERENT GOVERNMENT AGENCIES INCLUDING GOCCS
AD
BOOK III
OFFICE OF THE PRESIDENT
Title I
POWERS OF THE PRESIDENT
Chapter 1
POWER OF CONTROL
Sec. 1. Power of Control. - The President shall have control of all
the executive departments, bureaus, and offices. He shall ensure
that the laws be faithfully executed.
Chapter 2
ORDINANCE POWER
Sec. 2. Executive Orders. - Acts of the President providing for
rules of a general or permanent character in implementation or
execution of constitutional or statutory powers shall be
promulgated in executive orders.
Sec. 3. Administrative Orders. - Acts of the President which
relate to particular aspect of governmental operations in pursuance
of his duties as administrative head shall be promulgated in
administrative orders.
Sec. 4. Proclamations. - Acts of the President fixing a date or
declaring a status or condition of public moment or interest, upon
the existence of which the operation of a specific law or regulation
is made to depend, shall be promulgated in proclamations which
shall have the force of an executive order.
Sec. 5. Memorandum Orders. - Acts of the President on matters
of administrative detail or of subordinate or temporary interest
which only concern a particular officer or office of the Government
shall be embodied in memorandum orders.
Sec. 6. Memorandum Circulars. - Acts of the President on
matters relating to internal administration, which the President
desires to bring to the attention of all or some of the departments,
agencies, bureaus or offices of the Government, for information or
compliance, shall be embodied in memorandum circulars.
Sec. 7. General or Special Orders.- Acts and commands of the
President in his capacity as Commander-in-Chief of the Armed
Forces of the Philippines shall be issued as general or special
orders.
Chapter 2
SECRETARIES, UNDERSECRETARIES,
AND ASSISTANT SECRETARIES
Sec. 6. Authority and Responsibility of the Secretary. - The
authority and responsibility for the exercise of the mandate of the
Department and for the discharge of its powers and functions shall
be vested in the Secretary, who shall have supervision and control
of the Department.
Sec. 7. Powers and Functions of the Secretary. - The Secretary
shall:
(1) Advise the President in issuing executive orders, regulations,
proclamations and other issuances, the promulgation of which is
expressly vested by law in the President relative to matters under
the jurisdiction of the Department;
Chapter 11
ADMINISTRATIVE ISSUANCES
Sec. 50. General Classification of Issuances. - The
administrative issuances of Secretaries and heads of bureaus,
offices or agencies shall be in the form of circulars or orders.
TREATIES AND INTERNATIONAL AGREEMENTS
Art. II SECTION 2. The Philippines renounces war as an
instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom,
cooperation, and amity with all nations.
-Doctrine of Transformation
It is the Legal principle that the provisions of international law are
enforceable in a jurisdiction if they are adopted through customary
use, court decisions (precedence), or legislation.
“doctrine of transformation,” “which holds that the generally
accepted rules of international law are not per se binding upon the
State but must first be embodied in legislation enacted by the
lawmaking body and so transformed will they become binding upon
the State as part of its municipal law.”

Doctrine of Incorporation

It is the Legal principle that, in general, the provisions of

international law are enforceable in a jurisdiction so far as they are
consistent with the provisions of its domestic law.

Doctrine of incorporation,” which “mandates that the Philippines is

bound by generally accepted principles of international law which
automatically form part of Philippine law by operation of the
Constitution.”

Art. VII SECTION 21. No treaty or international agreement shall be

valid and effective unless concurred in by at least two-thirds of all
the Members of the Senate.

Treaty

Compact made between 2 or more states, concluding international

organizations of states, intended to create binding rights and
obligations or multilateral parties thereto,

May be bilateral or multilateral.

Steps to Treaty-making

(1) Negotiation

(2) Approval