CHAPTER ONE: STATUTES  Permanent - one whose operation is not

limited in duration but continues until

A. IN GENERAL repealed.
 Temporary - duration is for a limited
1.01 – Laws, generally period of time fixed in the statute itself or
whose life ceases upon the happening of
Jural and generic sense: an event.
-Whole body or system of law o EX: Statute answering to an
emergency
Jural and Concrete sense
-Rule of conduct formulated and made obligatory 1.04 Other Classes of Statutes
by legitimate power of the state  As to application Prospective or
retroactive
Includes: (7 kinds)
 As to Operation - Declaratory, curative,
RA, PD, EO (President’s legislative powers),
Presidential Issuances (President’s ordinance mandatory, directory, substantive,
power), Rulings of the Supreme Court, Rules and remedial, penal
Regulations (admin officers), Ordinances passed  As to form – Affirmative or Negative
by Sanggunians of LGUS
1.05 – Manner of Referring to Statutes
1.02 – Statutes, generally
-An act of legislature as an organized body,  Public Acts – Phil Commission and Phil
expressed in the form, and passed according to Legislature 1901- 1935
the procedure required to constitute it as part of  Commonwealth Acts – 1936- 1946
law of the land  Republic Acts – Congress 1946- 1972,
1987 ~
Legislators: Philippine Commission, Phil.  Batas Pambansa – Batasang Pambansa
Legislature, Batasang Pambansa, Congress, PDs  Identification of laws – serial number
of Marcos during Martial law 1973 Constitution, and/or title
EO of Aquino revolutionary period Freedom
Constitution B. ENACTMENT OF STATUTES
 Public – affects the public at large
o General – applies to the whole 1.06 - Generally
state and operates throughout the
state alike upon all people or all of Legislative history of enactment of statute is
a class. important in ascertaining legislative intent, in
o Special – relates to particular the interpretation of law.
person or things of a class or to a
particular community, individual Stat Con should begin with a bill is enacted to
or thing. law.
o Local Law – operation is confined
to a specific place or locality (Ex: 1.07 – Legislative power of the Congress
municipal ordinance)
 Private – applies only to a specific person  Power to make, alter and repeal laws
or subject.  Vested in the Congress – 1987
Constitution
Whether a statute is public or private depends  Legislative power – Plenary except
on substance rather than form (embraces all subjects and extends to
matters of general concern or common
1.03 – Permanent and Temporary Statutes interest.
 Both houses = Same Power
  Initiative for filing revenue, tariff, tax bills o Bill with amendment proposed by
must come for the House of Committee (read in full)
Representatives o It will be subject to debates
 Theory: They are more sensitive to the o After revision - Voted upon
local needs and problems  YES: Included in the
 Senator – approach problem from a Calendar of bills for third
national perspective hearing
 Grant of legislative power mean a grant of B) Third readings
all legislative power o Final vote
 Constitution has laid down policies and o Three readings on separate days
principles and contains provisions which o Printed copies have been
are not self-executing, distributed to its members three
o Need for enabling legislation to days before the passage
implement them  President certifies the
necessary enactment
1.08 – Procedural requirements in enacting a  National Emergencies
law, generally  Both Requisites

 A bill may be enacted into law only in the C) Conference Committee

manner the Constitution requires and in - Bill approved on the 3rd reading will be
accordance with the procedure therein transmitted to the “Other House” for
provided. concurrence (same process as the first
 Congress provides detailed procedure passage)
 Found in the rules of both Houses  If the “Other House” approves without
amendment it is passed to the President
Note: Court has no jurisdiction in rules of houses  If the “Other House” introduces
If laws passed transgressed rules of House – not amendments, and disagreement arises,
a ground for invalidation, merely procedural differences will be settled by the
Conference Committees of both houses
1.09 – Steps in the passage of bill into law  Report and recommendation of the 2
 Proposed legislative measure introduced Conference Committees will have to be
by a member of congress for enactment approved by both houses in order to be
into law considered pass
 Signed by authors and filed with the  Mechanism on compromise differences
Secretary of the House between both houses
 Except: Appropriation, revenue, or tariff  It is within its power to include in its
bills, bills authorizing increasing of public report an entirely new provision not
debt, bills of local application and private found in House bill or Senate bill
bills – lower haus  All that is required for the conference
committee report be approved by both
A) First and Second Reading houses of Congress.

- The secretary reports the bill for first D) Authentication of bills

reading -Law making end when the bill is approved.
o Reading number and title of the -Authenticated: Signing of the Speaker of the
bill House of Representatives and Senate
o Referral to the appropriate President, certified by respective secretaries
Committee for study and -Signifies that the bill presented to president
recommendation. has been duly approved by Congress
 Public Hearings
 Submit for Second Hearing E) President’s approval or veto
- Second Reading  Approves and signs
  Vetoes (within 30 days after receipt) Purposes of requirement (on 1 subject)
 Inaction
 If the President vetoes – send back to the Principal purpose: to apprise the legislators of
House where it originated with the object, nature, and scope of the provision of
recommendation the bill and to prevent the enactment into law of
o 2/3 of all members approves, it matters which have not received the notice,
will be sent to the other house for action and study of the legislators.
approval
o 2/3 of the other house approves –  To prohibit duplicity in legislation
it shall become a law In sum of the purpose
o If president did not act on the bill  To prevent hodgepodge/ log-rolling
with in 30 days after receipt, bill legislation
becomes a law  To prevent surprise or fraud upon the
o Summary : 3 ways of how a bill legislature
becomes a law.  To fairly apprise the people, through
 President signs
publication of the subjects of the
 Inaction of president with
legislation
in 30 days after receipt
 Vetoed bill is repassed by  Used as a guide in ascertaining
congress by 2/3 votes of all legislative intent when the language of
its members, each house the act does not clearly express its
voting separately. purpose; may clarify doubt or ambiguity.

C. PARTS OF STATUTES Subject of repeal of Statute

1.10 – Statutes generally contain the
following parts: Where a statute repeals a former law, such
1. Preamble repeal is the effect and not the subject of the
 Prefatory statement or explanation or a statute, and it is the subject not the effect of a
finding of facts, reciting the purpose, law, which is required to be briefly expressed in
reason, or occasion for making the law to its title.
which it is prefixed”
 Found after enacting clause and before How requirement of title construed
the body of the law.
 Liberally construed
 Usually not used by legislations because
 If there is doubt, it should be resolved
content of the preamble is written in the
against the doubt and in favor of the
explanatory note.
constitutionality of the statute
 But PDs and EOs have preambles.
When requirement is not applicable
2. Title of Statute
 Apply only to bills which may thereafter
 Mandatory law - Every bill passed by be enacted into law
Congress shall embrace only one subject
 Does not apply to laws in force and
which shall be expressed in the title
existing at the time the 1935 Constitution
thereof (Art 6, Sec 26 (1) 1987
took effect.
Constitution)
 No application to municipal or city
 2 limitations upon legislation
ordinances.
 To refrain from conglomeration, under
one statute, of heterogeneous subjects Effect of insufficiency of title
 Title of the bill should be couched in a  Statute is null and void
language sufficient to notify the
 Where, the subject matter of a statute is
legislators and the public and those
not sufficiently expressed in its title, only
concerned of the import of the single
so much of the subject matter as is not
subject.
 expressed therein is void, leaving the rest o Transitory provision
in force, unless the invalid provisions are o separability clause
inseparable from the others, in which o effectivity clause
case the nullity the former vitiates the
latter 5. Separability clause
 It states that if any provision of the act is
3. Enacting clause declared invalid, the remainder shall not
 Written immediately after the title be affected thereby.
 States the authority by which the act is  It is not controlling and the courts may
enacted invalidate the whole statute where what
is left, after the void part, is not complete
#1 - Phil Commission – “ By authority of the and workable
President of the US, be it enacted by the US  Presumption – statute is effective as a
Philippine Commission” whole
#2 - Philippine Legislature- “ by authority of the
 Its effect: to create in the place of such
US, be it enacted by the Philippine Legislature”
presumption the opposite of separability.
#3 - When #2 became bicameral: “Be it enacted
6. Repealing Clause
by the Senate and House of Representatives of
-Repeal is not a legislative declaration finding
the Philippines in legislature assembled and by
the earlier law unconstitutional.
authority of the same”
#4 - Commonwealth- “Be it enacted by the
7. Effectivity Clause
National Assembly of the Philippines
-Provision when the law takes effect
#5 – when #4 became bicameral: “be it enacted
-Usually 15 days after publication in the official
by the Senate and House of Representatives in
gazette
congress assembled” – same 1946-1972/1987-
present.
1.11 – Certain bills originating from lower
#6 – Batasang Pambansa: “Be it enacted by the
house
Batasang Pambansa in session assembled”
#7 – PD “ NOW THEREFORE, I ______ President of
-Initiative for filing such bills originate in the
the Philippines, by the powers vested in me by
lower house
the Constitution do hereby decree as follows”
-More sensitive to local needs
#8 – EO “Now, therefore, I, ____ hereby order”
-Does not prohibit the filing in the Senate of
substitute bill in anticipation of its receipts of the
4. Purview or body of statute
bill from the House
 That part which tells what the law is
about 1.12 – Enactment of budget and
 body of statute should embrace only one appropriations law.
subject should only one subject matter, -Budget process
even there provisions should be allied  Budget Preparation
and germane to the subject and purpose
 Budget Authorization
of the bill.
 Budget Execution
 Statue is usually divided into section. w/c
 Budget Accountability
contains a single proposition.
 Parts
Proposed Budget by Department of Budget and
o short title
Management -> Submitted to congress for
o policy section evaluations and inclusion in appropriation law
o definition section
o administrative section General Appropriation bill – special type of
o sections prescribing standards of legislation whose content is limited to specified
conduct sums of money dedicated to specific purposes
o sections imposing sanctions for -Inherent power: how money to be spent
violation of its provisions
1.13 – Restrictions in passage of budget or -it is an indivisible sum dedicated to a
revenue bills purpose
9. No public funds to be spent except by law
Section 25, Article 6 Consti – No money shall be paid out of the Treasury
1. Budget Preparation by the President and except in pursuance of an appropriation by law
submission to Congress - Test: if appropriation for public purpose
a. Power of the purse in congress
b. Veto power of president 10. No public money or property for religious
c. Final Say in the congress purposes
2. Each provision must relate specifically to - except when such priest, preacher is assigned
particular appropriation. to the armed forces or any penal institutions or
a. Prevent congress from including government orphanage
inappropriate provisions – -Does not apply to the temporary use of public
intended to amend another law streets which are open to public and thus
b. May include Special Provisions religious purposes.
i. Cannot be vetoed
separately 11. Money for special purposes – All money
c. Cannot Restrict Fiscal Autonomy collected for special purposes shall be treated as
of Judiciary, Civil Service a special fund and for that purpose only
Commission, COA, COMELEC,
Office of Ombudsman 12. Highest budget priority to education,
3. Procedure in approving appropriations – directory
strictly follow the procedures - Section 5(5) of Article 14 of the Constitution
4. Special Appropriation bill to specify -Budget to debt repayment it is OKAY
purpose – Specify purpose for which it
was intendment and shall be supported 1.14 – Rules and records of legislative
by funds actually available as certified by proceedings
National Treasurer, or revenue proposal
5. Restriction on transfer of appropriation; Constitution requires that legislative proceeding
exception – Only heads of department be duly recorded in accordance with the rules of
may augment any item in general each House.
appropriations for their respective offices
from savings in other items of their - Shall keep a journal of its proceedings
respective appropriations. - Publish the same, except those involving
6. Discretionary Funds Requirement - shall national security – request (1/5 votes of
be disbursed only for public purposes to Member present)
be supported by appropriate vouchers - Record of its proceeding
and subject to such guidelines as may be
prescribed by law 1.15 – Power to issue its rules of proceedings
7. Automatic-reenactment of budget – Last
year’s budget shall be deemed re-enacted Each house has the power to issue its own rules
should the Congress fail to pass a general of proceedings
appropriation law for this fiscal year. Rules (Test) –
Valid until this year’s budget is enacted. (1) Not to ignore constitutional restraints
8. President’s veto power – particular item (2) Violate fundamental rights
or items in an appropriation revenue, (3) There should be a reasonable relation
tariff bill between the mode or method of
-Veto shall not affect the item to which he proceedings established by the rules and
does not object the result, which is sought to be attained.
-may veto inappropriate provisions
1.16 - Unimpeachability of legislative
Item – particular, details of the bill journals
  Keep: Journal of proceedings  Are those which the president issues in
 Conclusive with respect to other matters the exercise of ordinance power.
that are required by the Constitution  Ex: EO, AO (administrative orders),
 Disputable with respect to all other proclamations, MO (memorandum
matters orders), MC (memorandum circulars),
 By reason of public policy, authenticity of and general or special orders.
laws should rest upon public memorials  Have force and effect of laws.
of the most permanent character EO (executive orders)
 Should be public  Acts of the President providing for rules
 Enrolled bill > Legislative Journal (except of a general or permanent character in
in matters pertaining to journals the implementation or execution of
constitutional/ statutory powers.
1.17 Enrolled Bill  Do not have the force and effect of laws
 Bills passed by congress authenticated by enacted by congress
the Speaker and the Senate President and  Different from EO issued by the President
approved by the President in the ex of her legislative power during
 Importing absolute verity and is binding the revolution Presidential decree under
on the courts the freedom constitution
 It carries on its face a solemn assurance AO (Administrative orders)
that it was passed by the assembly by the  Acts of the President which relate to
legislative and executive departments. particular aspects of governmental
 Courts cannot go behind the enrolled act operations in pursuance of his duties as
to discover what really happened administrative head
 If only for respect to the legislative and Proclamations
executive departments  Acts of the President fixing a date or
 Thus, if there has been any mistake in the declaring a statute or condition of public
printing of the bill before it was certified moment or interest, upon the existence of
by the officer of the assembly and which the operation of a specific law or
approved by the Chief Executive, the regulation is made to depend
remedy is by amendment by enacting a MO
curative legislation not by judicial decree.  Acts of the President on matters of
 Enrolled bill and legislative journals - administrative details or of subordinate or
Conclusive upon the courts temporary interest which only concern a
 If there is discrepancy between enrolled particular officer or office of government
bill and journal, enrolled bill prevails. MC
 Acts of the president on matters relating to
1.18 Withdrawal of authenticity, effect internal administration which the President
desires to bring to the attention of all or
 Speaker and Senate President may
some of the departments, agencies, bureaus,
withdraw if there is discrepancy between
or offices of the government, for
the text of the bill as deliberated and the
information of compliance
enrolled bill.
General or Specific Order
 Effect:
 Acts and commands of the President in his
 Nullifies the bill as enrolled
capacity as Commander-in-Chief of the AFP
 Losses absolute verity
 Courts may consult journals 1.21 – Administrative rules and regulations
o Substantial difference, Court -Issued by Administrative or executive officers
declare that bill has not been duly -Have the force and effect of law
enacred -Required: Rules should be germane to the
objects and purposes of the law; that the
D. ISSUANCES, RULES AND ORDINANCES regulations be not in contradiction with, but
1.20 – Presidential Issuances conform to, the standards that the law
prescribes and that they be for the sole purpose  Rules of procedure of special courts and
of carrying into effect the general provisions of quasi-judicial bodies shall remain
law. effective unless disapproved by the
Supreme Court.
Rule making power is a delegated legislative  Increasing appellate jurisdiction without
power. its advice (Art 6, Sec 30)
 It has been held that a law which provides
Before they can delegate such power that a decision of a quasi-judicial body be
Law should appealable directly to the SC, if enacted
1. Be complete in itself without the advice and concurrence of the
-it must set forth therein the policy to be SC, ineffective
executed, carried out or implemented by o Remedy or applicable procedure –
the delegate go to CA
2. Fix a standard  Rules of Court – product of the rule-
- the limits which are sufficiently making power of the SC
determinate or determinable – to which o Power to repeal procedural rules
the delegate must conform in the (enforcing rights, or redress for
performance of his functions.
injury)
o No power to promulgate rules
1.23 – Administrative rule and interpretation
distinguished substantive in nature (unlike the
- Rule – “makes” new law with the force legislative department)
and effect of a valid law; binding on the  Substantive rules – if it affects or takes
courts even if they are not in agreement away vested rights; right to appeal
with the policy stated therein or with its  Procedural rules – means of
innate wisdom implementing existing right; where to
o Binding on court file an appeal for transferring the venue
- Interpretation – merely advisory for it is
the courts that finally determine what the 1.25 – Legislative power of LGU
law means
- Administrative construction is not  Refers to the power of LGU bodies to enact
necessarily binding upon the courts; it ordinances consisting of Barangay ordinance,
may be set aside by judicial department municipal ordinance, city ordinance,
(if there is an error of law, or abuse of provincial ordinance, as the case may be.
power or lack of jurisdiction or GAD –  To be valid requires passage with prescribed
grave abuse of discretion) procedure and meet substantive
requirements
1.24 – Supreme Court Rule-making power  Requirements:
 1987 Constitution, Art 8, Sec 5(5)  Within corporate powers of the city or
o Power to promulgate rules concerning municipality to enact
the protection and enforcement of  Procedural : Ordinance must be:
constitutional rights, pleading, practices, o Must not contravene the Constitution
and procedure in all courts, the admission o Must not be unfair or oppressive
to the practice of law, the Integrated Bar, o Must not be partial or discriminatory
and legal assistance to the o Must not be prohibit but regulate
underprivileged trade
o Such rules shall provide a simplified and o Must be general and consistent with
inexpensive procedure for the speedy public policy
disposition of cases, shall be uniform for o Must be reasonable
all courts of the same grade, and shall not 1.26 - Barangay ordinance
diminish, increase, or modify substantive  Sangguniang barangay – smallest legislative
rights. body; may pass an ordinance by majority vote of
 all its members; subject to review by E. VALIDITY
Sangguniang bayan/ panglungsod
 Sangguniang bayan/ panglungsod – take action 1.30 - Presumption of constitutionality
on the ordinance within 30 days from
submission; if there’s inaction, it is presumed to  Every statute is presumed valid
be consistent with the municipal or city o Lies on how a law is enacted
ordinance and deemed approved; if o Due respect to the legislative who
inconsistency is found, it will remand to the passed and executive who
Sangguniang barangay for adjustment and approved
effectivity is suspended. o Responsibility of upholding the
constitution rests not on the
1.27 - Municipal ordinance courts alone but on the legislative
 Lodged in the Sangguniang bayan and executive branches as well
 Majority of the quorum voting, ordinance is  Courts cannot inquire into the wisdom or
passed propriety of laws
 Ordinance sent to Mayor within 10 days for  To declare a law unconstitutional, the
approval or veto; if there’s mayor’s inaction, repugnancy of the law to the constitution
ordinance is presumed approved; if vetoed and must be clear and unequivocal
overridden by 2/3 of all members, ordinance is  All reasonable doubts should be resolved
approved in favor of the constitutionality of law; to
 Approved ordinance is passed to Sangguniang doubt is to sustain
panlalawigan for review  Final arbiter of unconstitutionality of law
o Within 30 days may invalidate in whole is the Supreme Court EN BANC
or in part and its action is final; if there’s (majority who took part and voted
inaction within 30 days, it is deemed valid thereon)
 Nonetheless, trial courts have
jurisdiction to initially decide the issue
1.28 - City Ordinance of constitutionality of a law in
 Vested in Sangguniang panlungsod appropriate cases
 Majority of the quorum voting, ordinance
is passed 1.31 – Requisites for exercise of judicial power
 Submitted to Mayor within 10 days
o Approve  The existence of an appropriate case
o Veto – 2/3 of all members –  Interest personal and substantial by the
approved party raising the constitutional question
o Inaction – deemed approved  Plea that the function be exercised at the
earliest opportunity
 If city or component city – submit to
 Necessity that the constitutional question
Sangguniang panlalawigan for review
be passed upon in order to decide the
which shall take action within 30 days,
case
otherwise, it will be deemed valid
1.32 – Appropriate Case
1.29 - Provincial ordinance
 Sangguniang panlalawigan – majority of
 Bona fide case – one which raises a
quorum voting, passage of ordinance
justiciable controversy
 Forwarded to the Governor who within
 Judicial power is limited only to real,
15 days from receipt shall
actual, earnest, and vital controversy
o Approve
 Controversy is justiciable when it refers
o Veto – 2/3 of all members – to matter which is appropriate for court
approved review; pertains to issues which are
o Inaction – deemed approved inherently susceptible of being decided
on grounds recognized by law
  Courts cannot rule on “political  Issues of transcendental significance to
questions” – questions which are the people, paramount importance to the
concerned with issues dependent upon public, brush away technicalities of
the wisdom (v. legality) of a particular act procedure
or measure being assailed  E.g. calling by the President for the
o “separation of powers” deployment of the Philippine Marines to
o However, Constitution expands join the PNP in visibility patrols around
the concept of judicial review – the metro
judicial power includes the duty of
the courts of justice to settle actual 1.34 – When to raise constitutionality
controversies involving rights  At the earliest possible opportunity – i.e.
which are legally demandable and in the pleading , if not (Not considered in
enforceable and to determine the appeal)
whether or not there has been  It may be raised in a motion for
GAD amounting to lack or excess reconsideration / new trial in the lower
of jurisdiction on the branch or the court; or
part of any branch/  in criminal cases – at any stage of the
instrumentality of the Government proceedings or on appeal
 in civil cases, where it appears clearly
1.33 – Standing to sue that a determination of the question is
 Legal standing or locus standi – personal/ necessary to a decision, and in cases
substantial interest in the case such that where it involves the jurisdiction of the
the party has sustained or will sustain court below
direct injury as a result of governmental
act that is being challenged 1.35 – Necessity of deciding constitutionality
 “interest” – material interest, an interest
in issue affected by the decree, personal -The court will not pass upon the validity of a
stake statute if it can decide the case on some other
 Citizen – acquires standing only if he can grounds, it will leave the constitutional question
establish that he has suffered some actual for consideration until an appropriate case
or threatened concrete injury as a result arises in which a decision upon such question is
of the allegedly illegal conduct of the unavoidable.
government -If moot, will dismiss it.
o E.g. taxpayer – when it is shown -Where the constitutional question is of
that public funds have been paramount public interest and time is of the
illegally disbursed essence in the resolution of such question,
 Will cause injury, Concrete injury adherence to the strict procedural standard may
whether actual or threatened is the be relaxed and the court, in its discretion, may
indispensable element of a dispute which squarely decide the case
serves in part to cast it in a form -Where the question of validity, though
traditionally capable of juridical apparently has become moot, has become of
resolution. If injury is generalized, should paramount interest and there is undeniable
be dismissed. MUST BE DIRECT necessity for a ruling, strong reasons of public
 Member of the Senate or of the House has policy may demand that its constitutionality be
legal standing to question the validity of resolved
the Presidential veto or a condition
imposed on an item in an appropriations 1.36 –Summary of Essential Requisites for
bills -> Excess of President’s veto power Judicial Review
-> Substantial injury -> Resort to Courts
 SC may, in its discretion, take cognizance Angara v Electoral Commission
of a suit which does not satisfy the 4 Requisites
requirement of legal standing
  Actual case or controversy calling for annul or repeal the statute if it
exercise of judicial power finds it in conflict with the
 Person challenging must have locus Constitution; (disregards the law)
standi decisions affects parties ONLY
 Question of constitutionality must be and no judgment against the
raised at the earliest opportunity statute; opinion of court may
 Issue of constitutionality must be the very operate as a precedent; it does not
lis mota of the case repeal, supersede, revoke, or
annul the statute
1.37 - Test of constitutionality
 It may well be valid in its general import
 ... is what the Constitution provides in
but invalid in its application to certain
relation to what can or may be done
factual situations
under the statute, and not by what it has
been done under it. o Ex: Retroactivity – If vested (NO)
o Unconstitutional: If not within the
1.39- Invalidity due to change of conditions
legislative power to enact, against
the constitution  The general rule: The effects of the
o If vague – unconstitutional in 2 unconstitutionality of a statute that is
respects declared invalid because of the change of
 Violates due process circumstances affecting its validity.
 Leaves law enforcers o Ex:Emergency laws
unbridled discretion in  It is deemed valid at the time of its
carrying out its provisions enactment as an exercise of police power
o Where there’s a change of  It becomes invalid only because the
circumstances – i.e. emergency change of conditions makes its continued
laws, valid depending on the operation violative of the Constitution,
circumstances and accordingly, the declaration of its
 Ordinances (test of validity are): nullity should only affect the parties
o It must not contravene the involved in the case and its effects applied
Constitution or any statute prospectively
o It must not be unfair or oppressive
o It must not be partial or 1.40 -Partial invalidity
discriminatory
o It must not prohibit but may o General rule: that where part of a statute
regulate tradeo It must be general is void as repugnant to the Constitution,
and consistent with public policy while another part is valid, the valid
o It must not be unreasonable portion, if separable from the invalid, may
1.38 -Effects of unconstitutionality stand and be enforced
 It confers no rights o Presence of separability clause meant
 Imposes no duties that legislators intended for separability
 Affords no protection rather than complete nullity of statute
 Creates no office o The valid portion must be so far
 In general, inoperative as if it had never independent of the invalid portion that it
been passed is fair to presume that the legislature
 2 views: would have enacted it by itself, if it could
o Orthodox view – unconstitutional not have enacted the other. Enough musr
act is not a law; decision affect remain to make a complete valid law.
o Exception – that when parts of a statute
ALL, total nullity
are so mutually dependent and
o Modern view – less stringent; the
connected, as conditions, considerations,
court in passing upon the question inducements, or compensations for each
of unconstitutionality does not other, as to warrant a belief that the
 legislature intended them as a whole, the which are not filed within 3 months from that
nullity of one part will vitiate the rest – date shall not thereafter be the basis of any
such as in the case of Tatad v Sec of sanction against
Department of Energy and Antonio v. - any party/ persons
COMELEC –RA 8180 1.43 – When local ordinance takes effect
Unless otherwise stated, the same shall take
F. EFFECT AND OPERATION effect 10 days from the date a copy is posted in
1.41 – when laws take effect
a bulletin board at the entrance of the provincial
-Art 2 CC - “xxx laws to be effective must be capitol or city, municipality or barangay hall,
published either in the Official Gazette or in a AND in at least 2 other conspicuous places in
newspaper of general circulation in the country” the local government unit concerned
 The effectivity provision refers to all
statutes, including those local and private, The secretary to the Sangguinian concerned
unless there are special laws providing a shall cause the posting not later than 5 days
different effectivity mechanism for after approval; text will be disseminated in
particular statutes English or Tagalog; the secretary to the
 If not violate DUE PROCESS. Sangguinian concerned shall record such fact in
- Sec 18 Chapter 5 Book 1 of Administrative Code a book kept for that purpose, stating the dates of
- Effectivity of laws approval and posting
- Default rule – 15-day period
- Must be published either in the OG or -Gist of ordinance with penal sanctions shall be
newspaper of general circulation in the published in a newspaper of general circulation
country; publication must be full within the respective province concerned; if NO
-The clause “unless it is otherwise provided” –
newspaper of general circulation in the
solely refers to the 15-day period and not to the
requirement of publication
province, POSTING shall be made in all
municipalities and cities of the province where
1.42 – When presidential issuances, rules and the Sanggunian of origin is situated
regulations take effect
-For highly urbanized and independent
-The President’s ordinance power includes the component cities, main features of the
authority to issue EO, AO, Proclamations, MO, MC ordinance, in addition to the posting
and general or specific orders requirement shall be published once in a local
newspaper. In the absence of local newspaper,
-Requirement of publication applies except if it is in any newspaper of general circulation
merely interpretative or internal in nature not
concerning the public -Highly urbanized city – minimum population
of 200,000 and with latest annual income of at
2 types: least 50M Php
-Those whose purpose is to enforce or
implement existing law pursuant to a valid 1.44 – Statutes continue in force until
delegation or to fill in the details of a statute; repealed
requires publication
-Permanent/ indefinite – law once established
-Those which are merely interpretative in nature
continues until changed by competent
or internal; does not require publication legislative power. It is not changed by the
change of sovereignty, except that of political
Requirements of filing (1987 Administrative nature
Code):
-Every agency shall file with the UP Law Center 3 -Temporary – in force only for a limited period,
certified copies of every rule adopted by it. Rules and they terminate upon expiration of the term
in force on the date of effectivity of this Code stated or upon occurrence of certain events; no
repealing statute is needed

1.45 – Territorial and personal effect of

statues
-Philippines being independent and sovereign
-Its authority exercised over its dominion
-All people within the jurisdiction of the
Philippines

1.46 – Manner of computing time

-1 Year = 365 days,

-1 month = 30 days
-1 day = 24hours
-First day excluded and last day included
-week – 7 consecutive days

-Where a statute requires the doing of an act

within a specified number of days, such as ten
days from notice, it means ten calendar days and
NOT ten working days

-E.g. 1 year from Oct. 4, 1946 is Oct. 4, 1947

-If last day falls on a Sunday or holiday, the act
can still be done the following day
-Principle of “exclude the first, include the last”
DOES NOT APPLY to the computation of the
period of prescription of a crime, in which rule, is
that if the last day in the period of prescription of
a felony falls on a Sunday or legal holiday, the
information concerning said felony cannot be
filed on the next working day, as the offense has
by then already prescribed