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JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
Statutory Construction
Justin Sucgang
STATUTES
Introduction
Law- a rule of conduct formulated and made
obligatory by legitimate power of the state.
Statute- 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.1
Classification:
According to scope:
1. Public- affects the public at large or the
whole community
a. General- applies to the whole
state and operates upon all
people or all class; does not omit
any subject or place
b. Special- relates to a particular
persons or things or class or to a
particular community
c. Local- confined to a specific place
or community
2. Private- applies to a specific person or
subject
According to duration:
1. Permanent- operation is not limited in
duration but continues until repealed
2. Temporary- duration is for a limited
period; ceases upon the happening of an
event for which it was passed
Other classifications:
According to application:
1. Prospective
2. Retroactive
According to operation:
1. Declaratory
1
Presidential Decrees during martial law (Marcos) and Executive
Orders during the revolutionary government (Aquino) are also
considered statutes since they were passed by the president in the
exercise of his legislative powers.
2. Curative
3. Mandatory
4. Directory
5. Substantive
6. Remedial
7. Penal
According to form:
1. Affirmative
2. Negative
Manner of referring:
2
1. Public Act- passed by Philippine
Commission and Philippine Legislature
(1901-1935)
2. Commonwealth Act- passed during the
Commonwealth (1936-1946)
3. Republic Act- passed by Congress of the
Philippines (1946-1972;1987-present)
4. Batas Pambansa- passed by Batasang
Pambansa
Enacting statutes
Legislative power- authority to make laws, and to
alter and repeal them
*This is held by the people, in their original,
sovereign and unlimited power. But they have
vested it in the Congress of the Philippines.3
Procedures in passing a law:
*Apart from the provisions in the Constitution
(Sec. 26 Par. 2, Art. VI)4
, each house has its own
2
Statutes are serially numbered and has a name
3
Section 1 (Const). The legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate and a
House of Representatives, except to the extent reserved to the
people by the provision on initiative and referendum.
4
x x x (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 final form have been distributed to its Members three
days before its passage, except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment thereto
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JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
detailed procedures embodied in their Rules (Sec.
16 Par. 3, Art. VI)5
.
1. A bill is introduced by any member of the
Congress, signed by the authors and filed
with the Secretary of the house. May
introduce in either house except
appropriation, revenue or tariff bills, bills
authorizing increase of public debts, bills
of local applications, and private bills (Sec.
24 Art. VI).6
2. First reading- Secretary reports the bill for
first reading:
- Reading the title and number of
bill
- Referral to appropriate
committee for study and
recommendation
- Committee may hold public
hearings and submit its report
and recommendation for
Calendar for second reading
3. Second reading- bill shall be read in full
with the proposed amendments by the
committee
- Subject to debates, pertinent
motions and amendments
- After these, bill shall be voted
upon
4. Third reading- final vote by yeas and nay7
*After a house has approved their own version, it
will be transmitted to the other house, which will
follow the same procedures. If without
amendments, the bill is passed by Congress and is
submitted to the President. If there are
shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal. x x x
5
x x x (3) Each House may determine the rules of its proceedings, x x
x
6
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 concur with amendments.
7
If there is a presidential certification, the requirement of three
readings on separate days, and printed copies in final form may be
dispensed with (Tolentino v. Secretary of Finance).
amendments, there will be a Conference
Committee
5. Conference Committee- this is where the
differences will be settled. The
amendments introduced in this level will
have to be approved by both Houses for
passage.8
6. Approval and authentication - signing of
the Senate President and the House
Speaker and their respective secretaries
(Enrolled Bill)
7. Submission to the President:9
A bill is passed 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 after his receipt
3. When the vetoed bill is repassed by
Congress by two-thirds vote of all its
members, voting separately.
Enrolled bill- the bill as passed by Congress,
authenticated by the House Speaker and Senate
President and approved by the President
Rule: The text of the act as passed and
approved is deemed importing absolute
verity and is binding on the courts. If
there has been any mistake in the printing
8
There are instances where the version of the conference
committee is entirely different from those of the two Houses- for it
may deal generally with the subject matter or precisely to the
differences, or even introduce a new provision. However, this is still
valid for the powers of said committee are broad. That is why some
political scientists call this the Third House (Philippine Judges
Association v. Prado).
9
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.
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JUSTIN SUCGANG | BLOCK 2
ATTY. WIGBERTO TANADA, JR.
of the bill before it was certified, the
remedy is by amendment by enacting a
curative legislation and not a judicial
decree.10
Presumption: It carries on its face a
solemn assurance by the legislative and
executive departments of the
government that it was passed by the
assembly. Hence, the respect due to co- equal and independent departments
requires the judiciary to act upon that
assurance and to accept all bills duly
authenticated.11
Journal Entry- a requirement by the Constitution
to each house of the Congress (Sec. 16 Par.4 Art.
VI)12
- conclusive with respect to matters that
are required by the Constitution to be
recorded therein
- based from considerations of public policy
*Enrolled bill v. Journal Entry
-In case of conflict, the enrolled bill should prevail,
particularly with respect to matters not expressly
required to be entered into the legislative
record.
13
Exception: When the Speaker and Senate
President withdraw their respective
signatures from the signed bill where
there is serious and substantial
discrepancy between the text of the bill
as deliberated and shown by the journal
and that of the enrolled bill.14
10 Casco Phil. Chemical Co., Inc. v. Gimenez
11 Morales v. Subido
12x x x(4) Each House shall keep a Journal of its proceedings, and
from time to time publish the same, excepting such parts as may, in
its judgment, affect national security; and the yeas and nays on any
question shall, at the request of one-fifth of the Members present,
be entered in the Journal. Each House shall also keep a Record of its
proceedings. x x x
13 Morales v. Subido
14 Astorga v. Villegas
Parts of a statute
1. Title
- Bill must embrace only one subject
expressed in its title15
- But must not be an index to, or be an
exhaustive catalogue of the body of
the act as to cover every single detail
- It is enough that the title indicates the
general subject, and reasonably
covers all provisions of the act and
not calculated to mislead the public
Reasons:
- Prevent hodgepodge or log-rolling
legislation
- Prevent fraud and surprise through
introduction of provisions not
germane to the statute (which have
not received notice, action and study
of the legislators)
- Language that must be sufficient to
notify the legislators and the public
- Title serves as guide to ascertain
legislative intent
How construed:
- Should be liberally construed
- Not be given technical interpretation
nor narrowly construed to cripple or
impede the power of the legislature
- If there is doubt, it should be resolved
in favour of the one title-one subject
(presumption of constitutionality)
2. Preamble
- Prefatory statement or explanation
(finding of facts, reciting the purpose,
reason, or occasion for making the
law). Hence, important role in
construction
- Usually found after the enacting
clause and before the body in
presidential decrees and executive
orders
15 Art. VI Sec. 26 (1). Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof. x x x