Parts of a Statute
Short Description
Describing parts of a statute under Phil. laws....
Description
A statute is an act of the th e legislature, legislature , adopted pursuant p ursuant to its i ts constitutional consti tutional authority, auth ority, by prescribed pre scribed means mean s and in certain form such that it becomes the law governing conduct within its scope. Statutes are enacted to prescribe conduct, define crimes, create inferior governmental bodies, appropriate public funds, and in general promote the public good and welfare. I. Parts of a Statute Ò Title Title -- The title of the statute is the heading on the preliminary part, furnishing the name by which the act is individually known. Example: Philippine Medical Technology Act of 1969 Ò Preamble Preamble -- That part of the statute explaining the reasons for its enactment and the objects sought to be accomplished. Ò Enacting clause Enacting Clause -- That part of the statute which declares its enactment and serves to identify it is an act of legislation proceeding from the proper legislative authority. Example: "Be it enacted by the Senate and House of Representativ Representatives es of the Philippines in Congress assembled." Ò Body Body -- The main and operative part of the statute containing its substantive and even procedural provisions. Provisos and exemptions may also be found in the body of the statute. Ò Repealing clause Repealing Clause -- That part of the statute which announces the prior statutes or specific provisions which have ha ve been abrogated abro gated by reason reas on of the new law. Example: SECTION 13. Repealing Clause - All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. accordingl y. (From REPUBLIC ACT NO. 9048) Ò Separability clause Separability Clause -- That part of the statute which provides that in the event that one or more provisions Separability are declared void or unconstitutional, the remaining provisions shall still be in force and effect Example: SECTION 12. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration. (From REPUBLIC ACT NO. 9048) Ò Effectivity clause Effectivity Clause -- That part of the Statute which announces the effectivity date of the law. Example: SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication publicatio n in at least two (2) national newspapers of general circulation. (From REPUBLIC ACT NO. 9048)
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