Stat Con

 

Statutes and their Enactment A. Definition Laws, generally  o Refers to the whole body or system of law o A rule of conduct formulated and made obligatory vy legitimate power of the state o Includes statutes enacted by the legislature, PDs, and EOs issued by the President, rulings of  the Supreme Court construing the law, rules and regulations promulgated by administrative or

executive officers pursuant to a delegated power, and ordinances passed by sanggunians of  LGUs. Statutes, Generally  o An act of 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 Phili ppine Legislature, the Batasang o those passed by the Philippine commission, the Philippine Pambansa, and the Congress of the Philippines. o Public Statute one which affects the public at large or the whole community General – one which applies to the whole state and operates throughout the state alike upon all the people or all of a class; one which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class Special – one which relates to particular persons or thing of a class or a particular community, individual or thing. Local – one whose operation is confined to a specific place or locality (e.g., municipal ordinance) o

Private Statute

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one which applies onoly to a specific person or subject

B. Classification of Statutes  According  Accordi ng to duration l imited in duration but continues until repealed o Permanent – one whose operation is not limited o  Temporary – a statute whose duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of an event  According  Accordi ng to applica application tion o Prospective o Retroactive  According  Accordi ng to operation o Declaratory o Curative – healing acts; rule: if the thing omitted or failed to be done, and which constitutes the defect sought to be removed or made harmless, is something which the

legislature might have dispensed with by a previous statute, may do so by a subsequent one o Mandatory o Directory o Substantive – a law which creates, defines or regulates rights concerning life, liberty or property, or the powers of agencies or insturmentalities for the administration of public affairs o Remedial – remedial by curing defects and adding to the means of enforcing existing obligations o Penal In respect to forms o Affirmative o Negative

 

C. Parts of a Statute 1. Title Constitution, Art. VI, Section 26(1). Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. – mandatory provision Legislature is to refrain from conglomeration of heterogeneous subjects  The title of the bill is to be couched in a language sufficient to notify the legislators and the public and those concerned of the import of the single subject thereof  Purpose o to apprise the legislators of the object, nature and scope of the provisions of the bill o to prevent the enactment into law of matters which have not received the notice, action and study of the legislators o to prohibit duplicity in legislation o to prevent hodge-podge or log-rolling of legislation o to prevent surprise or fraud upon legislature, by means of ptovisions in bills of which the title gave no information o to fairly apprise the people, through such publication of legislative proceedings, of the subjects of the legislation that are being heard thereon o aimed against the evils of omnibus bills and log-rolling legislation as well as surreptitious or unconsidered enactments o used as a guide in ascertaining legislative intent when the language of the act does not clearly express its purpose o not required to be an index to the body of the act, or to be comprehensive as to cover every single detail of the measure if the title fairly indicates the general subject, and reasonably covers all provisions of the act, and is not calculated to mislead anyone, there is sufficient compliance. o Court: liberal construction of the rule

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Subject of repeal of statute o Repealing section in a new statute is valid, notwithstanding that the title is silent on the subject. o Where a statute repeals a former law such repeal is the effect and not the subject of the statute How requirement of title construed o Liberal construction o Where there is doubt as to whether the title sufficiently expresses the subject matter of  the statute, the question should be resolved against the doubt and in favor of the constitutionality of the statute When requirement not applicable Applies only to bills which may thereafter be enacted into law o Does not apply to laws in force and existing at the time the 1935 constitution took effect. o

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Effect of insufficiency of title o Statute = null and void title, e, only so much o Where subject matter od a statute is not sufficiently expressed in its titl of the subject matter as is not express therein is void; unless that provision is inseparable to the others, then the rest of statute remains in force. Lidasan v. COMELEC Facts: RA 4790 “An Act Creating the Municipality of Dianaton in the Province of Lanao del Norte” was questioned because the title did not reflect the fact that 2 barrios from the

adjacent province, Cotabato, were included in the new municipality formed.

 

l egislature Held: Statute was declared unconstitutional because the title did not inform the legislature of persons interested as to the full impact of the law. 

Tobias v. Abalos Facts: RA 7675 recognized San Juan and Mandaluyong as distinct representative districts and was challenged for not mentioning any census which indicated that the two cities had the minimum requirement of 250k inhabitants needed to constitute a district, and for resulting in the membership of the House of Representatives to go above the 250-member limit. Held: Court held that Congress had made due consideration of the minimum requirement in the creation of new representative districts, and that the 250-member limit provided in the Constitution is not an absolute value.

2. Enacting Clause That part of a statute written immediately after the title thereof which states the authority by which the act is enacted

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“Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled :”

3. Preamble A prefatory statement or explanation or a finding of facts, reciting the purpose, reason or occasion form making the law to which it is prefixed. Usually found after the enacting clause and before the body -

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Legislature seldom puts a preamble reason: it is put in the explanatory note PDs and EOs generally have preambles

4. Purview -  That part which tells what the law is all about Should embrace only one subject matter

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A short title, policy section, definition section, administrative section, sections prescribing standards of conduct, section imposing sanctions for violation of its provisions, transitory provision, separability clause, repealing clause and effectivity clause

5. Other Clauses Separability Clause o States that if any provision of the act is declared invalid, the remainder shall not be affected thereby o Nullity of one provision shall not invalidate the other provisions of the act o Not controlling; courts may invalidate the whole statute where what is left is not

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Repealing Clause Effectivity Clause o When the law takes effect o Usually, provision states that it shall take effect 15 days from publication in the Official Gazette or in a newspaper of general circulation

D. Rules on Legislative Drafting -

Statutes and Their Construction (L Gonzaga) o  Two steps involved in legislative drafting: i.)  Ethical or Formulation of Policy, and ii.) Technical or the Mechanics of Bill Drafting.

1. Formulation of Policy

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 There are two kinds of policy: i.) basic policy, and ii.)  immediate objective. 

 

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Basic policy is the general or overall principle that everyone has agreed upon, while the immediate objective is more specific and targeted. Policy is determined by the judgment of legislators, with the assistance of specialists, pressure-groups, and others.

2. The Drafting of a Statute Legislative drafting involves: i.) mastery of language, and ii.) research. -

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Drafters should also take note of: "(a) The exact state of facts in the field to which the law will relate form of of previous statutes relating toto the same subject in in the same ; (b)  The  jurisd  jurisdictions ictions ; (c)  The form previous statutes relating the same subject other   jurisdictions;  jurisd ictions; (d) The amnner in which such statutes have actually operated;  (e) The consensus of opinion among experts as to the best method for meeting the problem."   The Legislative Reference Service renders technical assistance to Congress by indexing Philippine laws and drafting bills.

3. Objectives of the Draftsman

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Drafters should "make his readers understand what is commanded and what is forbidden by the law."  They should not adopt the style of literary composition, but should be "more like that of a man who writes directions on how to use a kodak or how to use a Burroughs Calculator. This practice will help minimize problems in interpretation. But no matter how precise a statute is crafted, there will still be gaps and ambiguities because: i.) one cannot forsee all the possible consequences of the relations between language, and the persons or situations where it might apply, and ii.) courts in some cases would want to follow a certain policy direction which the statute does not cover.

4. Problems of Drafting Either related to the form and structure of the statute, or the language used. -

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Form and Structure flexibl e and facilitates amendments. o Dividing statutes into sections makes them flexible o Drafters should follow proper construction and logical development of sections and other parts of a statute. Length of Sections o  There is no rule on how long or short sections may be, but it should be "made as brief as may be compatible with accuracy." Sentence Structure A legislative declaration consists of a "legal subject" and a "legal action." More complex provisions also have a "case" where its operation is confined, and "conditions" which trigger its operation. o  The Problem of Language o Statutes should be written in "clear, simple, and concise language," but when they deal with technical matters, like laws regulating accounting practices for instance, specialized terms are unavoidable. o Drafters should also avoid variations in expression, that "the same word should not be used in different senses," and that when one word is used, it should be used and defined uniformly throughout the statute. o  The present tense should also be used, as it requires less words. o o

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Legislative Analysis and Drafting (WP Statsky)

5. Steps in the Enactment of the Statute

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Constitution, Art. VI, Section 26(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 i ts final form have been distributed to its Members three days before its passage, except when the

 

President certifies to the necessity of its i ts 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.

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 Constitution, 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.

Case sample: Tolentino v. Secretary of Finance  system and Facts Facts: : Republic Act 7716 seeks to widenthe theNational tax baseInternal of the existing VAT enhance its administration by amending Revenue Code. However, the constitutionality of RA 7716 was being challenged on the grounds of its procedural and substantial aspects.

Definitions:

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Value Added Tax (VAT) is levied on the sale, barter or exchange of goods and properties as well as on the sale or 

exchange of services. It is equivalent to 10% of the gross selling price or gross value in money of goods or   properties sold, bartered or exchan  properties exchanged ged or of the gros grosss recei receipts pts fro from m the ssale ale or eexchange xchange of servi services. ces.

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 Art VI Sec 24: All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local 

application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may  propose or or concur with am amendments endments..

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 Art VI Sec 26 (2): No Bill Bill passed by eithe eitherr House shall bec become ome a law unle unless ss it has passed three re readings adings on

 separate days, and printed copies tthereof hereof in its ffinal inal for form m have b been een dist distributed ributed to its members three days bef before ore its  passage, except when th thee presid president ent ce certifies rtifies to the necessit necessityy of iits ts imme immediate diate eenactment nactment to meet a public calamit calamityy or  emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote theeon shall be taken immediately thereafter, and the yeas and nays entered in the journal.

Held :  Does RA 7716 violate Art VI Sec 24 2 of the Constituti Constitution? on? NO. It is not the law but the revenue bill which is required by Constitution to “originate exclusively” in the House of Representatives. Because a bill originating in the House may undergo such extensive changes in the Senate that the result may be a rewriting of the whole. As a result of the Senate action, a distinct bill may be produced. To insist that a revenue statute must substantially be the same as the House Bill would be to deny the Senate’s power not only to “concur with amendments” but also to “propose amendments”. It would be to violate the coequality of legislative power of the two houses of Congress and in fact make the House superior to the Senate. Given the power of the Senate to propose amendments, the Senate can propose its own version even with respect to bills which are required by the Constitution to originate in the House. What the Constitution simply means is that the initiative for filing revenue, tariff, or tax bills, bills authorizing an increase of the public debt, private bills and bills of local application must come from the House of  Representatives on the theory that elected as they are from the districts, the members of  the House of Representatives can be expected to be more sensitive to the local needs and

problems. The Senators, on the other hand, are expected to approach the problem on national perspective. Both views are thereby made to bear on the enactment of such laws.

 

Does it violate Art VI Sec 26 (2) 3 violate the constitution? NO. The president had certified S.No. 1630 as urgent. The presidential certification dispensed with the requirement not only of printing but also that of reading the bill on separate days. That upon the certification of a bill by the President the requirement of  three readings on separate days and of printing and distribution can be dispensed with is supported by the weight of the legislative practice. What is the extent of the power of the Bicameral Conference Committee?  The

conference committee shall settle the differences of Senate and House of Congress. It shall make a detailed and sufficient report with explicit statement of the changes in or amendments to the subject measure, and shall be signed by the conferees.

 Arroyo v. de Venecia

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Court ruled that it has no power to review the internal proceedings of Congress, unless there is a clear violation of the Constitution. Pivotal issue was not lack of quorum, but lack of opportunity to raise lack of quorum, a procedural not constitutional requirement. Also, the enrolled bill theory holds in upholding the principle of separation of powers.

Evidence of Due Enactment of Statutes 1. Enrolled Bill Theory the duly authenticated copy of the bill, signed by the proper officers of each house, and approved by the President, is conclusive upon the courts not only of its provisions but also of its due enactment. Mabanag v. Lopez Vito Parity rights amendment pass by a slim margin. May the court intervene and stop enforcement of the policy? Petitioners claim 11 legislators failed to vote against the bill; COMELEC cites election irregularities in suspension. Doctrine: On the issue of jurisdiction vis-à-vis conclusiveness of an enacted bill – Court said it was a substantive matter vs. a matter of evidence. It dismissed the complaint. Influenced if not dictated by President Manuel Roxas, the majority justices held that the question raised was political in i n nature and so beyond their jurisdiction. It took all of 10 years for the case of Tañada v Cuenco to reject that false doctrine Casco Phil Chemical Co. v. Gimenez Importation subject to foreign exchange margin fee, but urea and formaldehyde as principal raw materials for glue are exempted. Is urea formaldehyde also exempted? No, it is an intermediate product, in a sense already a finished product. Doctrine:  The enrolled

bill is conclusive upon the Judiciary, except in matters that have to be entered in the  journals like the yeas and nays on the final reading of the bill (from Mabanag). If there was mistake in printing, remedy may only be sought through remedial or curative legislation, not by judicial decree. Morales v. Subido Morales, already as acting Manila chief of police, is disqualified by the CSC from permanent appointment because he lacks minimum educational and civil service eligibility. Issue is on eligibility vis-à-vis qualification. The Police Act is clear on the qualifications; a favorable amendment was introduced early in the debates but disappeared when the bill was finalized. Enrolled bill is binding, history is not.

2. Journal Entry Rule evidence appearing in legislative journals may help determine the validity of the a statute that has been challenged on constitutional grounds. Nevertheless, the enrolled bill is the only prima facie evidence valid.  Astorga v. Villegas Villegas

 

Upon being informed that the enrolled bill did not contain the amendment proposed by Senator Tolentino (regarding the powers of the Vice-Mayor of Manila) when the House bill was raised to the Senate, the Senate President withdrew his signature and notified the President of the mistake, who then likewise withdrew his signature. Fact is, there was no opportunity to apply enrolled bill theory. Doctrine: Journals of Congress may be resorted to when there is alleged discrepancy between draft and final texts of a statute. Here, journal showed that substantial and lengthy amendments were accepted but not included in final version signed by president. Validity of Statute Requisites for exercise of judicial power/review - Actual case or controversy - Standing - Mootness - Political Question