ENACTMENT OF STATUTES

Statutory Construction How a Bill is enacted into Law

Art. VI sec. 1 (1987 Constitution)

Chapter 1: Statutes - Legislative power is vested in the
Congress of the Philippines (Senate &
Law - rule of conduct formulated and made House of Representatives)
obligatory by legitimate power of state.
Legislative Power - the power to make, alter
Statue - an act of legislature as an organized and repeal laws.
body, expressed in form, and passed Bill - proposed legislative measure introduced
according to the procedure, required to by member/s of Congress for enactment.
constitute it as part of the law of the land.
STEPS:
CLASSIFICATION OF STATUTES I. Bill is signed by author/s
II. Filed with the Secretary of the House
I. According to Scope - may originate either from Upper or
1. PUBLIC - affects the public at large or Lower House, except: (exclusive in
the whole community HoR)
a. General - applies to whole state A. Appropriations
b. Special - relates to particular B. Revenue or Tariff
persons, things, class, community C. Authorizing increase or public debt
c. Local - operation is confined to a D. Local application
specific place or locality E. Private
2. PRIVATE - applies to a specific person III. First reading. Report of Bill, reading of
or subject title and referral to appropriate committee
for study.
II. According to Operation IV. Second reading. Read in full, discussion
1. Remedial - provides for remedy and debate.
2. Curative - provides for mistake in text V. Third reading. Final vote, no amendments
3. Substantive - rights of individual and printed copies are delivered to
4. Penal - provides for punishment members, 3 days before third reading.
VI. Transmitted to the other House for
III. According to Nature concurrence.
1. Mandatory - requires compliance VII. Dispute on amendments between two
2. Prohibitory - restrictive Houses will be settled by Conference
Committee of both chambers.
IV. According to Application VIII. Authenticated or signed by the Senate
1. Prospective - effective in future President and Speaker of the House; and
2. Retroactive - applied to past certified by respective secretaries of both.
IX. Transmitted to President for approval or
V. According to Duration veto.
1. Permanent - continuous until repealed Becomes a Law when:
2. Te m p o r a r y - d e s i g n e d t o m e e t 1. President signs
emergency, ends upon cessation of 2. President does not sign nor communicate
emergency veto of Bill within 30 days after receipt.
3. Vetoed Bill is re-passed by Congress with
VI. According to Form the concurrence of 2/3 of all members,
1. Repealing/Negative - nullifies and each House voting separately.
replaces Note: President's veto power is for the Bill as a
2. Amendatory/Affirmative - revises whole and not to specific provisions.
portion
Enrolled Bill - passed by Congress,
authenticated by Senate President and
Speaker of the House, certified by respective
secretaries and approved by President.
Journal Entry - records of proceeding required Note: legislative power of local government
by the Constitution. -Art VI Sec16(4) units are enacted as ordinances: Barangay
Enrolled Bill v. Journal Entry (Sangguniang Barangay), Municipal
- enrolled bill prevails unless authenticity is (Sangguniang Bayan), City (Sangguniang
withdrawn. Panlungsod)
*upon submission of Barangay either to Municipal or City
Enrolled Bill Doctrine and no action/veto after 30 days, will be deemed
Principle that once a bill is enrolled, courts approved. Municipal/City to respective mayors, 10 days,
but may be override by 2/3 votes of all members.
assume that all Rules in the enactment Municipal, after approval of mayor, shall be submitted to
process were properly followed. (Conclusive) City for review. City may approve in part or as a whole.
No action/veto in 30 days, will be deemed approved.
PARTS OF STATUTE
4. Purview or body of statute
1. Preamble - provides the law or act that is divided
- introductory statement of purpose and into sections.
reason. Used more in EO's & PD's. Contains: (TPASST)
Legislature uses explanatory note. Title
2. Title of statute Policy section
"one title-one subject" rule. Administrative section
Sec. 26(1) Art. VI 1987 Constitution: Standards of conduct
"Every bill passed by Congress shall Sanctions for violation
embrace only one subject which shall Transitory provision
be expressed in the title thereof." 5. Provisos
- Bill is not required to be an index to - Implies a condition
cover every single detail, indicating 6. Exceptions
general subject that reasonably - Exempts absolutely from operation
covers all the provision is sufficient 7. Separability clause
compliance (for liberal construction) - separates provisions that if any is
- Refrain from conglomeration of declared invalid, the remainder shall
heterogeneous subjects (omnibus not be affected.
bills) 8. Repealing clause
purpose: - expressly repeal a previous law
(a) prohibit duplicity of constitution 9. Effectivity clause
(b) prevent hodgepodge or log-rolling - when the law takes effect, specific
(c) prevent surprise or fraud date or 15 days from publication in the
(d) fairly apprise the people Official Gazette or any newspaper of
(e) precludes riders (surreptitious or general circulation.
unconsidered provision NOT germane
to the subject matter)
(f) guide to ascertain legislative intent as
to scope and limitation Chapter 2: Construction &
3. Enacting Clause
-written immediately after the title.
Interpretation
States by which authority is the act
enacted. Construction - is the art and process of
Authorities: discovering the meaning and intention of the
(a) Public Act - Philippine Commission authors of the law. It is the drawing of
(1901-1935) warranted conclusions.
(b) C o m m o n w e a l t h A c t - N a t i o n a l
Assembly (1936-1946) Interpretation - art of finding the true
(c) Republic Act - Congress of the Phils. meaning and sense of any form of word.
(1946-present)
(d) B a t a s P a m b a n s a - B a t a s a n g Purpose: ascertain and enforce legislative
Pambansa intent by determining the purpose and object
(e) Presidential Decree/Executive Order - of the law.
president
 LIMITATIONS ON POWER TO CONSTRUE
Legislative intent - vital part, essence of law,
the spirit which gives life to legislative 1. Courts may not enlarge nor restrict
enactment. The purpose and meaning of law. statutes.
Legislative purpose - the reason why a 2. Courts shall not be influenced by questions
particular statute was enacted, the ends that of wisdom. (Political questions)
the law wants to achieve.

Note: Construing also determines whether the

language used sufficiently expresses the Chapter 3: Aids to Construction
meaning. Legal act originates from intention
and perfected by expression.
Intrinsic Aids - found in the printed page.
Basic Canon of Statutory Construction:
a. Title
Structuralism. Legislative intent is extracted
b. Preamble - WHEREAS clause
from the statute as a whole and not from
c. Punctuation
isolated part.
d. Headings and Marginal Notes - index
Textualism. When statutes are not obscure or
e. Statutory Definition and Interpretative
ambiguous, meaning and intention is
Clauses
determined from the language employed.
f. Provisos
Originalism. Statue as a a whole fails to
g. Lingual text - statutes originally in
indicate intent because of ambiguity, courts
English/Spanish/Filipino, "English"
look beyond the statute such as legislative
governs. Unless there's ambiguity,
history.
Spanish may be consulted. Statues
translated to other language, that
POWER TO CONSTRUE
language prevails.
Judiciary - has the duty and power to
construe a statute. The Supreme Court is the
Note: intrinsic canons: (structuralism)
final arbiter that construes controversies ripe
Noscitur a Sociis
for judicial resolution. (Justice Marshall
Ehusdem Generis
"Marbury v Madison")
Reddendo Singula Singulis
-Art. VIII Sec 1 of 1987 Constitution
Doctrine of last antecedent
> Construe only when there's ambiguity or
Extrinsic Aids - extraneous facts and
when statue is susceptible to more than one
circumstances outside the printed page.
interpretation.
a. Legislative History
No ambiguity, law applies maxims: verba
b. Contemporaneous or Practical
legis; and dura lex sed lex
Construction - strongest in law
because it is the construction given by
> Judicial Rulings (Jurisprudence) forms part
legislature, executive or administrative
of the laws of the land, thus shall have no
o f fi c e r w h o a r e c o m p e t e n t ,
retroactive effect.
experienced, and has expertise and
informed judgement of the law.
> Supreme Court as final arbiter is the only
Frequently the drafters of the statute.
one who can amend or overrule previous
c. Long Uniform Construction
ruling. Legislative cannot alter Rulings, their
d. Policy and Common Law Principles -
remedy is to repeal statue with which the
Art. II of Constitution
Ruling was based on. In turn, court cannot
e. Decisions from Other Jurisdiction -
legislate but can issue guidelines in
jurisprudence/doctrines
jurisprudence.
Note: stare decisis - doctrine; obiter dictum -
> Supreme Court en banc can modify or
separate opinions, does not fall into doctrines.

abandon or reverse a doctrine (stare decisis)
or principle of law. Art. VIII Sec.4(3)
 Associated Words:
C h a p t e r 4 : A d h e re n c e t o o r II. NOSCITUR A SOCIIS
Departure from Language When word or phrase is ambiguous, consider
the company of words in which it is found or
which it associates with.
I. Adherence III. EJUSDEM GENERIS
Maxim: index animi sermo - speech is the Same kind or specie. General follows the
index of intention. enumeration of particular. Purpose is to give
effect to both general and particular and to
1. Verba Legis - plain meaning rule indicate class and the general words as
2. Dura lex sed lex - harsh law is still the law indicating all that is embraced in said class
although not specifically named by the
II. Departure particular words.
Maxim: ratio legis - interpretation according to IV. REDDENDO SINGULA SINGULIS
the spirit of the law. Referring each to each.
V. DOCTRINE OF LAST ANTECEDENT
1. Law ceases when reason of the law Word or phrase is associated with the
ceases. - cessante ratione legis, cessant et immediate antecedent or word/phrase
ipsa lex previously stated.
2. Correction of clerical error
3. Construction to avoid absurdity
4. Construction in favor of right and justice - Disjunctive and Conjunctive Words:
fiat justicia, ruat coelem VI. AND/OR
5. Doctrine of necessary implication - ex And - all is required, may act as "or"
necessilate legis Or - expresses condition or indicates
alternative, cannot act as "and"
Note: doctrine of necessary implication is to VII. SHALL, MUST, MAY
avoid absurdity and injustice. Consonant with Shall - directive to express what is mandatory
canon exceptio firmat regulim in cassibus non Must - requires and compels
exceptis - what is not included in exception is May - permissive, expresses possibility or
impliedly included in scope. probability.
Use logic when opposed with canons:
>Expression unius est exclusio alterius -
express mention implies exclusion of all others VIII.EXPRESSION UNIUS EST EXCLUSIO
>Casus omissus - word omitted is intentionally ALTERIUS
excluded Express mention implies exclusion of all others
IX. CASUS OMISSUS
Word omitted is intentionally excluded
X. E X C E P T I O F I R M AT R E G U L I M I N
Chapter 5: Interpretation of Words CASIBUS NON EXCEPTIS
and Phrases What is not included in exception is impliedly
included in scope

General Rule: Statutory Definition control the XI. PROVISOS

meaning of statutory words. Implies condition, PROVIDED clause

Word or phrase may have an ordinary,

generic; restricted, technical, legal;
commercial or trade meaning.

I. UBI LEX NON DISTINGUIT NEC NOS

DISTINGUIT DEBEMOS
When the law does not distinguish, the court
should not distinguish