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STATUTE LAW
STATUTE LAWWhat is ?
Rules enunciated and declared by thecompetent authorities for the governance of
the community
Enactments of the Legislative Department
Rules and regulations which have the force and effect of law
STATUTE LAW
ENACTING AUTHORITYACCORDING TO
CLASSIFICATIONS OF
Conventional Legislation
Subordinate Legislation
Enactments by national or local legislative bodies, or in which they may have participated
All rules and orders, issued pursuant to law by administrative and judicial agencies“Valid only when the delegation is valid”
TWO TESTS:1. Completeness Test2. Sufficiency of Standard Test
STATUTE LAW
APPLICATIONACCORDING TO
CLASSIFICATIONS OF
External Legislation
Subordinate Legislation
Rules of general application Those affecting order and
procedure in a community
Rules of restricted application Those affecting order and
procedure among members of legislative, judicial, or administrative office
STATUTE LAW
CLASSES OF LEGISLATIONACCORDING TO
CLASSIFICATIONS OF
ConstitutionTreaties and Other International Agreements
Statutes ProperPresidential Issuances
Administrative Rules and RegulationsCharters of Local Government Units (LGU’s)
Legislations of LGU’sTribunal/Court Rules
Legislative Rules
CONSTITUTIONWritten instrument by which the fundamental powers of the Government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politics
1935 Constitution Established a republican form of government patterned after the American
political system
Amendments in 1939 liberalized all laws and economic provisions of the Tydings-McDuffie Law.
Amendments in 1940 established a bicameral legislature, the re-eligibility of the president and the vice-president for one reelection, and the reduction of their terms of office from six years to four years; also created the Commission on Elections.
Amendments in 1947 gave American citizens equal rights with Filipinos in the exploitation of the country’s natural resources and the operation of public utilities.
CONSTITUTIONWritten instrument by which the fundamental powers of the Government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politics
1943 Constitution Passed during the Japanese Occupation
Effective during the Second World War
Provided for the transition from the Commonwealth to the Republic with the complete withdrawal of American Sovereignty from the Philippines on July 5, 1946
CONSTITUTIONWritten instrument by which the fundamental powers of the Government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politics
1973 Constitution Approved by the Constitutional Convention during the Martial Law period, declared
by then President Ferdinand Marcos on September 21, 1972
Amendments in 1976 gave the president legislative power in times of emergency, and created the interim Batasang Pambansa in lieu of the interim National Assembly through other amendments.
Amendments in 1981 gave permission to natural born citizens who lost their citizenship to own private land, and established a modified parliamentary form of government.
Amendments in 1983 provided for the appointment of Batasang Pambansa members, the creation of the Office of the Vice-President, the abolition of the Executive Committee, and the provision for urban land reform and a social housing program, among others.
CONSTITUTIONWritten instrument by which the fundamental powers of the Government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politics
1987 Constitution Approved by the Constitutional Commission of 1986 headed by Justice
Cecilia Muñoz Palma
Citingonstitution
the
Const. (1987), art. III, sec. 1, par. (3).
Const. (1935), art. III.
Const. (1973), art. III, sec. 1.
Other helpful documents and sources for the study of Constitutional Law
Background and record of the Constitutional ConventionInterpretation of the Constitution
by the Supreme Court of the PhilippinesCommentaries on the Constitution appearing in
treatises, legal periodicals, encyclopedias, and textbooks
TREATIES ANDOTHER INTERNATIONAL AGREEMENTS
Treaties International agreements entered into by the Philippines,
which require legislative concurrence after executive ratifications
International agreements involving political issues or changes of national policy and those involving international arrangements of a permanent character usually take the form of treaties
May be bilateral (between two nations), or multilateral (between several nations)“No treaty or international agreement shall
be valid and effective unless concurred in by at least two-thirds of all the Members of
the Senate.”Const. (1987), art. VII, sec. 21.
TREATIES ANDOTHER INTERNATIONAL AGREEMENTS
Executive Agreements Similar to treaties except that they do not require legislative
concurrence
International agreements embodying adjustments of detail carrying out well-established national policies and traditions and those involving arrangements of a more or less temporary nature usually take the form of executive agreements.
Examples: RP-CHINA (ZTE) Loan Agreement (Controversial)
Visiting Forces AgreementRP-Japan Exchange of Notes dated 27 December 1999, and Loan Agreement No. PH-P204 dated Decemeber 28, 1999RP-ADB Loan No. 1654-PHI
CITING TREATIES AND EXECUTIVE AGREEMENTS
Treaty of Friendship with India, July 11, 1952 (1953), II-2 DFATS 1, 2 P. T. S. 797, 203 U. N. T. S. 73.
STATUTES PROPER Acts 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
Of the same category are Presidential Decrees and Executive Orders issued by the President in the exercise of his/her legislative power during the period of martial law and the revolutionary period, respectively.
Public Statute vs. Private StatutePermanent Statute vs. Temporary Statute
Prospective Statute vs. Retroactive StatuteAffirmative Statute vs. Negative Statute
Declaratory, Curative, Mandatory, Directory, Substantive, Remedial,
or Penal Statute
CITING STATUTES
Public LawsIssued by the Philippine Commission, Philippine Assembly, and Philippine
Legislature (1900-1935)
Act. No. 7 (1909), art. 3.
Commonwealth ActsIssued by the National Assembly and Congress (1935-1941)
Com. Act. No. 52 (1936), sec. 1.
Presidential DecreesIssued by President Marcos as legislator under Martial Law
(September 21, 1972 – February 20, 1986)
Pres. Decree No. 603 (1975)
PHILIPPINE TARIFF ACT OF 1909
An Act amending article one hundred and fifty of the Revised Penal Code
THE CHILD AND YOUTH WELFARE CODE
CITING STATUTES
Batas PambansaIssued by the Batasang Pambansa (July 23,1984 - February 1, 1986)
Batas Blg. 80 (1981).
Executive OrdersIssued by President Aquino as legislator in the Revolutionary Government
(February 23, 1986 - July 26, 1987)
Exec. Order No. 163 (1987).
AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER
THIRTY-ONE, NINETEEN HUNDRED AND EIGHTY-ONE AND FOR OTHER PURPOSES
DECLARING THE EFFECTIVITY OF THE CREATION OF THE COMMISSION ONHUMAN RIGHTS AS PROVIDED FOR IN THE 1987 CONSTITUTION, PROVIDING GUIDELINES FOR THE OPERATION THEREOF, AND FOR
OTHER PURPOSES.
CITING STATUTES
CodeA systematic and comprehensive compilation of laws, rules, or regulations that are
consolidated and classified according to subject matterCivil Code, (1889), art. 67.
BillsGeneral measures, which if passed upon, may become laws
S. No. 2986, 16th Cong. Third Sess. (2015)
OTHER RELATED MATERIALS
Republic ActsIssued by Congress (1946-1972; July 27, 1987 to present)
Rep. Act. No. 9163 (2002), sec. 4.National Service Training Program (NSTP) Act
AN ACT PROVIDING A FULL TUITION SUBSIDY FOR STUDENTS ENROLLED IN STATE UNIVERSITIES AND COLLEGES (SUCS), AND APPROPRIATING FUNDS
THEREFOR
CITING STATUTES
Committee Report
Comm. On National Defense and Security, H. Rpt. 25, 16th Cong., 2nd Sess. (2013).
Describes the purpose and scope of the bill, explains any committee amendments, indicates proposed changes in existing law and such other materials that are relevant
Resolutions
S. Res. 1566, 14th Cong., 3rd Sess. (2010)
Joint Resolution Concurrent Resolution
Simple ResolutionRESOLUTION DECLARING AS READ AND APPROVED
THE JOURNAL OF THE 50TH SESSION OF THE SENATE
PRESIDENTIAL ISSUANCES Issued by the President in the exercise of his ordinance power
Ordinance power granted under Chapter 2, Book III of Executive Order No. 292 (Administrative Code of 1987)
Executive OrdersAdministrative Orders
ProclamationsMemorandum Orders
Memorandum CircularsGeneral or Special Orders
EXECUTIVE ORDERS
Acts of the President providing for rules of a general or permanent character in the
implementation or execution of constitutional or statutory powers
Exec. Order No. 189 (2015)
CREATING THE NATIONAL CYBERSECURITY INTER-AGENCY COMMITTEE
ADMINISTRATIVE ORDERS
Acts of the President relating to particular aspects of governmental operations in
pursuance of his duties as administrative head
Adm. Order No. 38 (2013).
CREATING AN INTER-AGENCY TASK FORCE TO INITIATE, IMPLEMENT AND MONITOR EASE OF DOING BUSINESS REFORMS
PROCLAMATIONS
Acts of the President fixing a date or declaring a status or condition of public
moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be
promulgated in proclamations which shall have the force of an executive order
Proc. No. 1135 (2015).DECLARING OCTOBER 20, 2015 AS “WORLD STATISTICS DAY”
MEMORANDUM ORDERS
Acts of the President on matters of administrative detail or of subordinate or temporary interest which
only concern a particular officer or office of the Government shall be embodied in memorandum
orders
Memo. Order No. 74 (2014).APPROVING THE 2014 INVESTMENT PRIORITIES PLAN
MEMORANDUM CIRCULARS
Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments,
agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in
memorandum circulars
Memo. Circular No. 51 (2013).
AUTHORIZING PARTICIPATION IN THE 12TH ANNUAL CAREER EXECUTIVE SERVICE (CES) CONFERENCE
GENERAL OR SPECIAL ORDERS
Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the
Philippines shall be issued as general or special orders
Gen. Order No. 8 (2007).
ENSURING PRIORITY DEVELOPMENT SUPPORT FOR LOCAL PEACE INITIATIVES
ADMINISTRATIVE RULES AND REGULATIONS Rules and regulations issued pursuant to law by administrative and
judicial agencies
Usually issued by Heads of Department and Bureaus
IMPLEMENTING RULES AND REGULATIONS OFREPUBLIC ACT NO. 10625, OTHERWISE KNOWN AS
THE PHILIPPINE STATISTICAL ACT OF 2013
Sample Citation: DCI (Cooperatives) Adm. O. No. 1 (1963).
CHARTERS OFLOCAL GOVERNMENT UNITS
The laws under which a city or town or other municipal corporation exercises its privileges, performs its duties, and discharges its obligations, including all matters in which it has a direct interest and a right to regulate and control
Two main classes: (a) Created by statue and (b) Created and Adopted by the voters of a city or town by constitutional authorization
LEGISLATION OF LOCAL LEGISLATIVE BODIES
Refers to the power of a local legislative body to make rules in the form of ordinances and resolutions of local application that have the force and effect of law.
The 1991 Local GovernmentGovernment Code vests legislative power to the sanggunian at different levels of local government:
Sangguniang Panlawigan for provincesSangguniang Bayan for municipalitiesSangguniang Panlungsod for citiesSangguniang Barangay for barangays
In the autonomous regions of the country, legislation is made by the regional legislative assemblies, e.g. Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao.
Example:
ORDINANCE NO. 8323. AN ORDINANCE CREATING THE MANILA DISASTER RISK REDUCTION AND MANAGEMENT OFFICE, DEFINING ITS DUTIES AND RESPONSIBILITIES, PROVIDING THE NECESSARY FUNDS THEREFOR AND FOR OTHER PURPOSES. (Manila City, 2013).
Citation:
Manila Ordinance 8323, August 13, 2013.
TRIBUNAL OR COURT RULES
Internal rules of a court or agency with express quasi-judicial powers. They govern practice and procedures who come before the courts or tribunals
Shall apply in all the courts (including quasi-judicial), except as otherwise provided by the Supreme Court
These Rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding.
Examples:Rules of CourtCivil ProcedureCriminal Procedure
Citation:
RULES OF COURT, Rule 130, sec. 2, par. (a).
Legislative Rules
Rules of procedure for the internal order of law making bodies
Both the Senate and House of Representatives have their separate rules
Examples:
Rules in Aid of LegislationRules on Impeachment Proceedings
Citation: RULES OF PROCEDURE GOVERNING INQUIRIESIN AID OF LEGISLATION OF THE HOUSE OF REPRESENTATIVES. sec. 3, par. (a).