I.

Background a. Philippine Legal System The Philippines, after the change of sovereignty from Spain to the U.S., has adopted the principles of the English Common Law through the present-day form of the Anglo-American common law. The Philippines, in deciding cases, adopts the common law principles subject to the limitation where the old civil law theories of Spain as applied to the country are welldefined and when the theories and precedents of the Anglo-American cases are inconsistent with the local customs and institutions. This principle is named the Philippine common law. b. Rules on Legislative Drafting

II.

Statutes and their Enactment a. Laws and Statutes Law: (1) In its jural and generic sense, refers to the whole body or system of law. (2) In its jural and jural and concrete sense, means a rule of conduct formulated and made obligatory by legitimate power of the state. Statutes: an 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. b. Definition of Statutory Construction Construction: the 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. Not a mechanical endeavor Involves exercise of choice by the judiciary Rules of Statutory Construction: tools used to ascertain legislative intent. They are not rules of law but mere axioms of experience. Except when they are embodies in the statute, they have no binding effect on the courts. Purpose: the ascertainment of true intent of the legislature Legislative intent: Intent includes two concepts: purpose and meaning. The ascertainment of legislative intent depends more on the purpose and object of the law. a. Construction and Interpretation, Distinguished Interpretation: the art of finding the true meaning and sense of any form of words While there is a technical difference between the two, they are alike in practical results and are used interchangeably. They are understood as having the same signification. a. Classification of Statutes According to Substance 1. Public Statute: one which affects the public at large or the whole community A. General law: applies to the whole state and operates throughout the state alike upon all people or all of a class B. Special law: relates to particular persons or things of a class or to a particular community, individual or thing C. Local law: operation is confined to a specific place or locality (municipal ordinance) Private Statute: one which applies only to a specific person or subject

2.

According to Duration Permanent statute: operation is not limited in duration but continues until repealed. It does not terminate by the lapse of a period or by the occurrence of an event. 2. Temporary statute: duration is for a limited period of time fixed in the statute itself or whose life ceases at upon the happening of an event. According to Application 1. Prospective applicable to cases arising after its enactment 2. Retroactive acting on things in the past According to Operation 1. Declaratory One enacted for the purpose of removing doubts or putting an end to conflicting decisions in regard to what the law is in relation to a particular matter. 2. Curative - a form of retrospective legislation which reaches back into the past to operate upon past events, acts or transactions in order to correct errors and irregularities and to render valid and effective many attempted acts which would otherwise be ineffective for the purpose intended. 1.

3. Mandatory - generic term describing statutes which require and not merely permit a course of 4. Directory a mere direction or instruction of no obligatory force, and involving no invalidating 5. Substantive establishes and defines rights and duties that the legal system exist to protect
and enforce 6. Remedial - providing means or method whereby causes of action may be effectuated, wrongs redressed and relief obtained. 7. Penal - defines criminal offenses specify corresponding fines and punishments. According to Forms 1. Affirmative 2. Negative statute which prohibits a. Parts of a Statute Statutes generally contain the following parts: Preamble: a prefatory statement or explanation or a finding of facts, reciting the purpose, reason or occasion for making the law to which it is prefixed. 1. It is usually found after the enacting clause and before the body of the law 2. Unlike statutes enacted by the legislature wherein the statement embodying the purpose, reason or occasion for the enactment of the law is found in its explanatory note, Presidential decrees and executive orders generally have a preamble to express the reason and purpose of the decree. Thus, preambles play an important role in the construction of Presidential decrees. Title of Statute Article VI, Section 26[1] provides that every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof. 1. This provision contains dual limitations upon the legislature a. To refrain from conglomerating of heterogeneous subjects b. To express the title of the bill in a language sufficient to notify the legislators and the public and those concerned of the importance of the single subject. 2. Purpose of the title requirement a. To prevent hodgepodge or log-rolling legislation b. To prevent surprise or fraud upon legislature, by means of provisions in bills which the title gave no information, and might therefore be carelessly adopted c. To fairly apprise (tell) the people of the subjects of the legislation that are being heard thereon, by petition or otherwise if they so desire. d. To be used as a guide in ascertaining intent when the language of the act does not clearly express its purpose. 3. Subject of repeal of statute if the title is silent on the repeal of previous statutes, it is still valid because the repeal is the effect and not the subject of the statute. It is the subject which is required to be briefly stated. 4. How requirement of title construed the constitutional requirement as to the title of the bill should be liberally construed. Should not be given a technical interpretation Should not be narrowly construed (as to cripple or impede the power of legislation) When there is doubt as to the sufficiency of the title to express the subject matter of the statute, it should be resolved against the doubt and in favor of the constitutionality of the statute. 1. When requirement not applicable The requirement that a bill shall only embrace one subject is expressed in the 1935, 1973 & 1987 Constitution. Thus, it does not apply to laws that were in force and existing at the time the 1935 constitution took effect. Enacting Clause: the part of a statute written immediately after the title thereof which states the authority by which the act is enacted. Purview or body of statute: the part of statute which tells what the law is about.
A complex and comprehensive piece of legislation is divided into sections & usually contains, in this sequence,

action.

consequence for its disregard

1. 3. 5. 6. 7. 8.

2. Policy section 4. Administrative section

Section prescribing standards of conduct Section imposing sanctions for violation of its provisions Transitory provision Separability clause Definition section

A short title

9. Repealing clause 10. Effectivity clause Separability clause: the part of a statute which states that if any provision of the act is declared invalid, the remainder shall not be affected thereby. Repealing clause the repeal of a law does not declare the earlier law as unconstitutional. That power only lies with the courts. Effectivity clause: the provision when the law takes effect usual provision it shall take effect 15 days from publication in the Official Gazette or newspaper of general circulation a. Steps in the Enactment of the Statute Steps in the Passage of Bill into Law 1. First and second reading of the bills 1. First reading: consists of reading the number of the bill and title of the bill, followed by its referral to the appropriate committee for study and recommendation. 2. Second reading: consists of reading in full with the amendments proposed by the committee, if any, unless copies thereof are distributed and such reading is dispensed with. 2. Third reading: the bill approved on second reading will be submitted for final vote by yeas and nays. A bill is approved by either house after it has gone three readings. Based on Article VI Sec 26 [2], the presidential certification can dispense the requirement not only of the printing but also of the reading the bill on separate days to meet a public calamity or emergency. The presidential certification is not subject to judicial review because it only involves changes in procedural requirements which insure that the bills are duly considered by the members of Congress. 1. Conference committee reports The bill approved on the third reading by one house is transmitted to another House for concurrence. If there are no amendments, the bill is transmitted to the President. However, if the other House introduces amendments which the other House does not agree upon, the differences shall be settled by the Conference Committees of both Chambers, whose report/ recommendation will have to be approved by both Houses Conference committee: mechanism for compromising differences between the Senate and the House in the passage of a law into a bill. It has the power to include a new provision which is not found in either bill of the House of Representatives or the Senate. Three version of a bill Lower house Senate Conference Committee The requirement that no bill shall become law unless it has passed three readings . . . does not apply to the conference committee. 1. Authentication of bills Before an approved bill is passed to the President, it must be authenticated. The system of authentication is the signing by the Speaker and Senate President of the printed copy of the approved bill, certified by the respective secretaries of the both Houses, to signify to the President that the bill has been duly approved by legislature and is ready for his approval or rejection. 2. Presidential approval or veto A bill becomes a law in three ways: 1. When the president signs it 2. When the president does not sign nor communicate his veto of the bill within 30 days of receipt 3. When the vetoed bill is repassed by Congress by two-thirds vote of all its Members, each House voting separately b. Evidence of Due Enactment of Statutes i. Enrolled Bill Theory Under the enrolled bill doctrine, the signing of a bill by the Speaker of the House and Senate President and the certification of the Secretaries of both Houses of Congress that it was passed are conclusive of its due enactment. ii. Journal Entry Rule Legislative journal: a constitutional requirement (Sec. 16[4], Article VI). Its entries or records are declared conclusive upon the courts. When there is conflict between the enrolled bill and the legislative journals, it shall be the former that should prevail except as to matters that the Constitution requires to be in the journal 1. The yeas and nays on the final reading of a bill or any question at the request of at least one-fifth of the members of the House

2. 3.

The objections of the President to a vetoed bill or item The names of the members voting for or against overriding the Presidents veto

Withdrawal of authenticity The Speaker and the President of the Senate may withdraw their signature from the signed bill if there is serious and substantial discrepancy between the text of the bill as deliberated by the legislature and shown in the journal and that of the enrolled bill. Effect: renders the bill without attestation and thus nullifies its status as enrolled bill. In such a case, it is no longer accorded absolute verity as regards its texts and the entries of the journal should be consulted. The court can declare that the bill has not been duly enacted and did not become law if the journal discloses that substantial amendments were introduced and approved but were not incorporated in the printed text sent to the President for signature. Arroyo v. de Venecia The court summarized the rules on internal rules of proceedings, legislative journals, and doctrine of enrolled bill. Parliamentary rules are merely procedural, and with their observance, the courts have no concern. When the members, in its requisite number, have agreed to a particular measure, mere failure to conform with parliamentary usage will not invalidate an act taken by deliberative body. (Osmea vs Pendatum) Nothing involving abuse of discretion by other branches of government amounting to lack or excess of jurisdiction is beyond judicial review. (Article VIII, Sec 1) The signing of a bill by the Speaker of the House and Senate President and the certification of the Secretaries of both Houses of Congress that it was passed are conclusive of its due enactment. The Journal is regarded as conclusive with respect to matters that are required by the Constitution to be recorded therein.