Week 3-4 © AJ Cruz 1 of 12

statute on the same subject; and therefore a repealing

a. Discuss Department of Education Culture section in the new statute is valid, notwithstanding that
and Sports v. San Diego, G.R. 89572. (SEE DIGEST) the title is silent on the subject. It would be difficult to

 conceive of a matter germane to an act and to the object

 to be accomplished thereby than the repeal of previous
b. What is law as defined by St. Thomas legislations connected therewith.
Aquinas?
The reason is that where a statute repeals a
former law, such repeal is the effect and not the subject of
Art. VIII, Sec. 1. The judicial power shall be vested the statute; and it is the subject, not the fact of a law,
in one Supreme Court and in such lower courts as which is require to be briefly expressed in its title.
may be established by law.
d. Discuss the hierarchy of courts.

“Law is an ordinance of reason promulgated

by competent authority for the sake of common good.”
 Under the provision, only the Supreme Court is a

 constitutional court in the sense of being a creation of the
Law is an ordinance because it must be Constitution.
REASONABLE or based in REASON and not merely in
the will of legislator. All other courts, including the Sandiganbayan,
are statutory courts in the sense that they are creations
It is for COMMON GOOD because the end of of law.
LAW is the good of the community. It binds and not
merely the good of the lawmaker or a special interest Congress may abolish ay or all lower courts and
group. replace them with other courts subject to the limitation
that the reorganization shall not undermine security of
tenure. It cannot, however, abolish the Supreme Court;
c. Discuss the hierarchy of laws. (Art. 7, NCC) neither create an additional Supreme Court.

Art. 7, NCC. Laws are repealed only by subsequent 1. Regular Courts - The Philippine judicial system
ones, and their violation or non-observance shall not consists of a hierarchy of courts resembling a pyramid
be excused by disuse, or custom or practice to the with the Supreme Court at the apex. Under the Judiciary
contrary. Reorganization Act of 1980, the other courts are:



When the courts declare a law to be a. Court of Appeals - with 69 Justices headed by
inconsistent with the Constitution, the former shall be a Presiding Justice which operates in 23 division each
void and the latter shall govern. comprising 3 members. The Court sits en banc only to
exercise administrative, ceremonial, or other non-
Administrative or executive acts, orders and adjudicatory functions;

regulations be valid only when they are not contrary 

b. Regional Trial Court - presided by 720 RTC
Judges in each of the 13 regions of the country;



Only subsequent laws can repeal prior laws with c. Metropolitan Trial Court - established in
through:
 each Metropolitan area;


 

1. A repealing clause
 Municipal Trial Court - established in
2. Incompatibility of the subsequent and prior every city not forming of metropolitan area and in each of
laws the municipalities not compromised within a metropolitan
area and a municipal circuit;

The violation of a law is not justified even if: 1. 

No one follows the law (i.e., nonpayment of taxes) 2. Municipal Circuit Trial - established in
There is a custom to the contrary 
 each area defined as a municipal circuit compromising
one or more cities and/or one or more municipalities
The second paragraph refers to judicial review in grouped together according to law
statutory form. 

The repeal of a statute on a given subject is 2. Special Courts 

properly connected with the subject matter of a new 

Week 3-4 © AJ Cruz 2 of 12
a. Sandiganbayan - with 14 justices and a Requisites of a valid police measure:
Presiding Justice; which operates in 5 divisions each
comprising 3 members, was created by P.D. 1606 a. Lawful Subject – the activity or property
pursuant to the mandate of the 1973 Constitution. “It shall sought to be regulated affects the public welfare. It
continue to function and exercise its jurisdiction,” as requires the primacy of the welfare of the many over the
provided in said decree or as may be prvided by a interests of the few.

subsequent law. (Art. XI, Sec. 5)
b. Lawful Means – the means employed must be
b. Court of Tax Appeals - with 5 justices and a reasonable and must conform to the safeguards
Presiding Justice; was created under R.A. No. 1125, as guaranteed by the Bill of Rights.
amended by R.A. No. 9282, which has exclusive
appellate jurisdiction to review on appeal, among others, 2. Power of Eminent Domain (Purpose: for
decisions of the Commission of Internal Revenue public use) - is the right or power of a sovereign state to
involving internal revenue taxes and decisions of the appropriate private property ti particular uses to promote
Commissioner of Customs involving customs duties. public welfare. It is indispensable attribute of
sovereignty; a power grounded in the primary duty of a
c. Shari’a District Courts - created by P.D. No. government to serve the common need and advance the
1083 (Code of Muslim Personal Laws of the Philippines); general welfare.

courts of limited jurisdiction presided by District Judges
enjoying the same privileges as Judges of Regional Trial It affects only property RIGHTS. It may be
Court exercised by some private entities. The property forcibly
taken under this power, upon payment of just
compensation, is needed for conversion to public use or
e. What are the three inherent power of the purpose.
state?



1. Police Power
 The taking of property in law may include:
2. Power of Eminent Domain

3. Power of Taxation - trespass without actual eviction of the owner;

- material impairment of the value of the property; or 

f. Distinguish the three inherent powers of - prevention of the ordinary uses for which the property
the state.
was intended.
1. Police Power (Purpose: for public good and 

welfare) - the power of promoting the public welfare by The property that may be subject for
restraining and regulating the use of both liberty and appropriation shall not be limited to private property.
property of all the people. It may be exercised only by the Public property may be expropriated provided there is a
government. The property taken in the exercise of this SPECIFIC grant of authority to the delegate. Money and
power is destroyed because it is noxious or intended for a a chose in action are the only things exempt from
noxious purpose. 
 expropriation.

It lies primarily in the discretion of the Although it is also lodged primarily in the
legislature. Hence, the President, and administrative national legislature, the courts have the power to inquire
boards as well as the lawmaking bodies on all municipal the legality of the right of eminent domain and to
levels, including the barangay may not exercise it without determine whether or not there is a genuine necessity
a valid delegation of legislative power. Municipal therefore.
governments exercise this power by virtue of the general
welfare clause of the Local Government Code of 3. Power of Taxation (Purpose: for revenue) -
1991. Even the courts cannot compel the exercise of this The power to imposed and collect taxes and charges on
power through mandamus or any judicial process.
 individuals, goods, services and other support the
operations of the government.
It can be exercised in the form of making laws,
compelling obedience to those laws through physical E x a m p les o f g o v ern m en t o p era t io n s :
means with the aim of removing liberty, legal sanctions, Expenditure on war, the enforcement of law and public
or other forms of coercion and inducements. order, protection of property, economic infrastructure,
public works, social engineering and the operation of the
government itself.

It is used solely for the purpose of raising

revenues, to protect the people and extend them benefits
Week 3-4 © AJ Cruz 3 of 12
2. Executive (Art. VII)
Art. III Sec. 1. No person shall be deprived of life,
3. Judiciary (Art. VIII)
liberty, or property without due process of law, nor
shall any person be denied the equal protection of the h. Distinguish the three branches of the
laws. government?

in the form of public projects and services. It cannot be The three co-equal departments are established by the
allowed to be confiscatory, except if it is intended for Constitution with such blending of powers without
destruction as an instrument of the police power. sacrificing altogether the system of checks and balances.

It must conform to the requirements of due 1. Legislative Department

process. Therefore, taxpayers are entitled to be notified of
the assessment proceedings and to be heard therein on the Art. VI, Sec. 1. The legislative power shall be vested
correct valuation to be given the property. It is also in the Congress of the Philippines which shall consist
subject to the general requirements of the equal protection of a Senate and a Hose of Representatives, except to
clause that the rule of taxation shall be uniform and the extent reserved to the people by the provision of
equitable. initiative and referendum.

—— Legislative power - the authority under the Constitution

THE BILL OF RIGHTS
 to make laws and subsequently, when the need arises, to

 alter and repeal them.

Bill of Rights (Article III) - otherwise known as the 

“Charter of Liberty”; a declaration and enumeration of a Any power deemed to be legislative by usage and
person’s basic rights an privileges which the Constitution tradition is necessarily possessed by the Congress,
is designed to protect against violations by the unless the Constitution has lodged it elsewhere. 

government, or by an individual or groups of individuals. 

Initiative - it is the reserved power of the people to
MAIN PURPOSE: It serves as a charter of liberties for directly propose and enact laws at polls called for the
the individual and a limitation upon the (inherent) purpose independently of the Congress or of a local
powers of the State. legislative body.

Any deprivation of life, liberty, or property by the Referendum - it is the process by which by which any
State is with the due process if it done under the authority act or law or part thereof passed by the Congress or by
of law is valid (not contrary to the Constitution) or of the any local legislative body is submitted to the people for
Constitution itself, and after compliance with fair and their approval or disapproval.
reasonable methods of procedure described by law.
Members of the Congress:
NOTE: The constitutional right to equal protection of
the laws is not absolute but is subject to reasonable SENATE
classification.
Art. VI, Sec. 2. The Senate shall be composed of 24
To be reasonable, the classification must be:
 Senators who shall be elected at large by the qualified
voters of the Philippines, as may be provided by law.
a) based on substantial distinctions which
make for real differences; 
 Term of office: 6 years; It shall commence unless
otherwise provided by law, at noon on the 30th day of
b) must be germane to the purpose of the law; 
 June following their next election.

c) must not be limited to existing conditions Maximum terms: A Senator is disqualified to serve for
only; and 
 more than 2 consecutive terms

d) must apply equally to each member of the Qualifications: 


class. a. A natural-born citizen of the Philippines;
—— b. at least 35 years of age on the day of the
election;
g. What are the three branches of c. able to read and write;
government? d. a registered voter; and
1. Legislative (Art. VI)
Week 3-4 © AJ Cruz 4 of 12
e. a resident of the Philippines for not less than 2 Qualifications: 

years immediately preceding the day of the election a. A natural-born citizen of the Philippines;
b. at least 25 years of age on the day of the
HOUSE OF REPRESENTATIVES election;
c. able to read and write;
Art. VI, Sec. 5. (1) The House of the Representatives shall d. except for a party-list representative, a
be composed of not more than 250 members, unless registered voter in the district in which he shall be
otherwise fixed by a law, who shall be elected from elected; and
legislative districts apportioned among the provinces, e. a resident thereof for a period of not less than 1
cities, and the Metropolitan Manila area in accordance year preceding the day of election.
with the number of their respective inhabitants, and on 

the basis of a uniform and progressive ration, and those Apportionment - the determination of the number of
who, as provided by law, shall be elected through a party- representatives in which the state may send to a
list system of registered national, regional, and sectoral legislative body.
parties or organizations.
(2) The party-list representatives shall constitute Reapportionment - realignment or change in legislative
twenty per centum of the total number of representatives districts brought about by changes in population and
including those under the party list. For three consecutive mandated by the constitutional requirement of equality
terms after the ratification of this Constitution, one-half and representation
of the seats allocated to party-list representatives shall be
filled, as provided by law, by selection or election from • Congress may override the veto of the President; reject
the labor, peasant, urban poor, indigenous cultural certain appointments of the President; revoke the
communities, women, youth, and such other sectors as proclamation of martial law or suspension of the privilege
may be provided by law, except the religious sector. of habeas corpus; and amend or revoke decision of the
(3) Each legislative district shall comprise, as far courts (by the enactment of a new law or by amendment
as practicable, contiguous, compact, and adjacent of the old, giving it such meaning and interpretation as to
territory. Each city with a population of at least two wipeout the effect of such decisions).
hundred fifty thousand, or each province, shall have at
least one representative.
(4) Within three years following the return of 2. Executive Department
every census, the Congress shall make a reapportionment
of legislative districts based on the standards provided in Art. VII, Sec. 1. The executive power shall be vested in
this section. the President of the Philippines.

Art. VII, Sec. 2. No person may be elected President Executive power - the power to administer the law,
unless he is natural-born citizen of the Philippines, a which means carrying them into practical operation and
registered voter, able to read and write, at least forty enforcing its due observance.
years old on the day of the election, and a resident of Term of office: 6 years; It shall commence unless
the Philippines for at least ten years immediately otherwise provided by law, at noon on the 30th day of
preceding such election. June following their next election.



 Art. VII, Sec. 3. (1) There shall be a Vice-President Maximum terms: A President is disqualified to serve for
who shall have the same qualifications and term of 2 consecutive terms
office and be elected with, and in the same manner, as
the President. He may be removed from office in the Qualifications: 

same manner as the President.
 a. A natural-born citizen of the Philippines;
b. at least 40 years of age on the day of the
(2) The Vice-President may be appointed as a election;
Member of the Cabinet. Such appointment requires no c. able to read and write;
confirmation. d. a registered voter; and
e. a resident of the Philippines for not less than 10
years immediately preceding the day of the election
Term of office: 3 years; It shall commence unless
otherwise provided by law, at noon on the 30th day of • The President may veto or disapprove bills enacted by
June following their next election. the Congress, and through pardoning power, he may
modify or set aside the judgments of courts.
Maximum terms: A Representative is disqualified to
serve for more than 3 consecutive terms
Week 3-4 © AJ Cruz 5 of 12
3. Judicial Department
i. Distinguish laws from statute.
Art. VIII, Sec. 1. The judicial power shall be vested
in one Supreme Court and in such lower courts as Laws Statutes
may be established by law.
- a whole body or system - an act of legislature as
Judicial power includes the duty of the courts of of law an organized body,
justice to settle actual controversies involving rights - rule of conduct expressed in the form,
which are legally demandable and enforceable, and to formulated and made and passed according to
determine whether or not there has been a grave obligatory by legitimate the procedure, required
abuse of discretion amounting to lack or excess of power of the State tp constitute it as part of
jurisdiction on the part of any branch or - includes R.A., P.D., the law of the land
instrumentality of the Government. E . O . , P r e s i d e n t i a l - passed by Philippine
Issuances, Ordinances Commission, the
passed by Sanggunians Philippine Legislature,
Judicial power - the power and duty of courts of justice of LGU Batasang Pambansa,
to interpret and to apply laws to contests or disputes and Congress of the
concerning legally recognized rights or duties between Philippines
the State and private persons or individual litigants, in
cases properly brought before the judicial tribunals. Hierarchy of Laws:
 Kinds of statutes:
1. Public - affects public
RULE MAKING POWER: includes the power to repeal 1. Constitution at large
procedural laws/parts pf statutes which deal with 2. Statutes 2. General - applies to
procedural aspects; The SC does not have the power to 3. Implementing Rules the whole state and
promulgate rules which are substantive in nature. and Regulations operates throughout
4. Jurisprudence of the the e state alike upon
Grave abuse of discretion - such capricious and arbitrary Supreme Court all people or all people
exercise of judgment as is equivalent, in the eyes of the of class
law, to lack of jurisdiction. This abuse must be patent and 3. Special - relates to
gross as to amount to an evasion of positive duty or a particular person or things
virtual refusal to perform a duty enjoined by law, or to of a class or to a particular
act at all in contemplation of law, as where the power is community, individual or
exercised in an arbitrary and despotic manner by reason thing
of passion or hostility.
 Sources of Laws: 4. Local - operation is

 confined to a specific
1) when an act is done contrary to the 1. Legislation place or locality
Constitution, the law or jurisprudence (has no legal 2. Precedent 5. Private - applies only to
basis) 3. Custom specific person or subject
2) when it is executed whimsically, capriciously 4. Court Decisions 6. Permanent - whose
or arbitrarily out of malice, ill will or personal bias operation is not limited in
duration but continues
• Capricious and arbitrary conveys the notion of willful until repelled; does not
and unreasoning action. Thus when seeking the terminate by the lapse of a
corrective hand of certiorari, a clear showing of caprice fixed period or by
and arbitrariness in the exercise of discretion is occurrence of an event
imperative.
 7. Temporary - a statute
those duration for a limited
• The judiciary (Supreme Court) as the final arbiter, may period fixed in the statute
declare legislative measures or executive acts itself or whose life ceases
unconstitutional and determine whether or not there has upon the happening of an
been a grave abuse of discretion amounting to lack or event
excess jurisdiction on the part of the Congress or the
President.
Week 3-4 © AJ Cruz 6 of 12

j. What are the parts of a statute?

5. Separability Clause - part of the statute which
1. Preamble provides that in the event that one or more provisions are
2. Title declared void or unconstitutional, the remaining
3. Enacting Clause provisions shall still be in force and effect.
4. Body
5. Repealing Clause It is a legislative expression of the intent that the
6. Separability Clause nullity of one provision shall not invalidate the other
7. Effectivity Clause provisions of the act.
k. Discuss each part of a statute. RULE: Such clause i not controlling and courts may
invalidate the whole statute where what is left after the
1.) Preamble - a prefatory statement or
old part, is not complete and workable.

explanation or a finding of facts, reciting the purpose,


reason or occasion for making the law to which it is
REASON: The presumption that the legislature intended
prefixed.

statute to be effective as a whole and would not have


passed it had it foreseen that some part of it is invalid.
The legislation seldom puts a preamble to a
statute it enacts into law for the reason that its purpose,
Example: SECTION 12. Separability Clause. - If any
reason or occasion of the enactment of the law is
portion or provision of this Act is declared void or
contained in its explanatory note.
unconstitutional, the remaining portions or provisions
thereof shall not be affected by such declaration. (From
• Presidential Decrees and Executive Orders generally
REPUBLIC ACT NO. 9048)
have preambles.
6. Repealing Clause - That part of the statute
2.) Title - The title of the statute is the heading on
which announces the prior statutes or specific provisions
the preliminary part, furnishing the name by which the act
which have been abrogated by reason of the new law.
is individually known.
RULE: The power to declare a law unconstitutional does
3.) Enacting Clause - part of the statute which
not lie with the legislature, but with the courts.
declares its enactment and serves to identify it is an act of
legislation proceeding from the proper legislative
Example: SECTION 13. Repealing Clause - All laws,
authority.
decrees, orders, rules and regulations, other issuances, or
parts thereof inconsistent with the provisions of this Act
Example: "Be it enacted by the Senate and House of
are hereby repealed or modified accordingly. (From
Representatives of the Philippines in Congress
REPUBLIC ACT NO. 9048)
assembled.”

4. Purview or Body - The main and operative

7. Effectivity Clause - part of the Statute which
part of the statute containing its substantive and even
announces the effectivity date of the law.
procedural provisions. Provisos and exemptions may also
be found in the body of the statute. The body of a statute
RULE: The provision to the effective of the law states
should embrace only one subject matter.
that it shall take effect 15 days from publication in the
Official Gazette or in a newspaper of a general
A complex and comprehensive piece of legislation
circulation.

usually contains in this sequence:



Example: SECTION 14. Effectivity Clause. - This Act
i. short title

shall take effect fifteen (15) days after its complete
ii. policy section
publication in at least two (2) national newspapers of
iii. definition section

general circulation. (From REPUBLIC ACT NO. 9048)
iv. administrate section

v. sections prescribing standard of conduct

vi. section imposing sanctions for violation of its
provisions
vii. transitory provision
viii. separability clause

ix. repeal clause

x. effectivity clause
Week 3-4 © AJ Cruz 7 of 12
l. What is the title requirement under the 1. The legislature is to refrain from
1987 Constitution? conglomeration, under one statute, of heterogeneous
subjects.
Art, VI, Sec. 26. (1) Every bill passed by the Congress
shall embrace only one subject which shall be 2. The title of the bill is to be couched in a
expressed in the title thereof. language sufficient to notify the legislators and the public
and those concerned of the import of the single subject
thereof.
This provision is mandatory, and a law 3. Purpose of one title-one subject rule: 

enacted in violation thereof is unconstitutional. The
constitutional provision contains dual limitations upon (a) To prevent hodge-podge or log-rolling
the legislature. legislation;
(b) To prevent surprise or fraud upon legislature,
1. The legislature is to refrain from by means of provisions in bills of which the title gave no
conglomeration, under one statute, of heterogenous information, and which might therefore be overlooked
subjects. and carelessly and unintentionally adopted; and
2. The title of the bill to be couched in a language (c) To fairly apprise the people through such
sufficient to notify the legislators and the public and those publication of legislative proceedings as is usually made,
concerned of the import of the single subject thereof. of the subjects of the legislation that are being heard
thereon.
WHEN REQUIREMENT NOT APPLICABLE
4. These requirements should be liberally
It does not apply to laws in force existing at the construed (People v. Buenviaje). It should not be given a
time the 1935 Constitution took effect (People v. technical interpretation, nor narrowly construed as to
Valensoy), nor to municipal or city ordinances because cripple or impede the power of legislation (Tobias v.
they do not partake of the nature of laws passed by the Abalos). (Cordero vs. Cabatuando)
legislature.
5. Title of the statute is used as a guide in
EFFECT OF INSUFFICIENCY OF TITLE 
 ascertaining legislative intent when the language of the
act does not clearly express its purpose.
(a) A statue whose title does not conform to the one title-
subject or is not related to its subject is null and void. 
 6. When there is doubt as to whether the title
sufficiently expresses the subject matter of the statute, the
(b) If subject matter of statute is not sufficiently question should be resolved against the doubt and in favor
expressed in its title, only the unexpressed subject of the constitutionality of the statute (Insular Lumber vs.
matter is void leaving the rest in force. Court of Tax Appeals)

Note: There is sufficient compliance with the

m. What are the purposes of the title one-title-subject requirement
requirement?
1. Discuss Ichong v. Hernandez, 101 Phil.
1155 (1957) (a) if the title be comprehensive enough to
2. Discuss Philippine Judges Association reasonably include the general object which a statute
v. Prado, 27 Scra 703 (1993) seeks to effect, without each and every end and means
necessary or convenient for accomplishing the subject.
PURPOSES: 1) To apprise the legislators if the object, (b) if all parts of the law are related and germane
nature and scope of provisions of the bill, and to prevent to the subject matter expressed in the title.
the enactment into law of matters which have not (c) If the title indicates in broad or clear terms,
received the notice, action and study of the legislators.
 the nature, scope, and consequences of the law and its

 operations.
2) To prohibit duplicity in legislation the title of (d) The tile should not be catalogue or index of
which completed fails to apprise the legislators or the the bill (People v. Ferrer).
public of the nature, scope and consequences of the law
or its provisions.
 7. Titles ending with ―and for other purposes
expresses nothing as a compliance with the constitutional
Every bill passed shall embrace only one subject which requirement.
shall be expressed in the title. This provisions contains
dual limitations upon the legislature: n. How are doubts involving title
requirements construed?
Week 3-4 © AJ Cruz 8 of 12
RULE: The constitutional requirement as to the title of a 9. Submission to the President
bill should be liberally construed. It should not be given a 10. Approval/Veto of the President and/or Overriding the
technical interpretation, nor should it be so narrowly Veto

construed as to cripple or impede the power of legislation.
A bill may be enacted into law only in the
Where there is doubt as to whether the title manner of the Constitution requires and in accordance
sufficiently expresses the subject matter of he statute, the with the procedure therein provided.
question should be resolved against the doubt and in favor
of the constitutionality of the statute. A law may not be declared unconstitutional
when what has been violated in its passage are merely
internal rules of procedure of House, in the absence of
o. Discuss the legislative process involving any violation of the Constitution or right of an
the enactment of laws according to the 1987 individual.
Constitution.
(1) First Reading - Any member of either House may
Art. VI, Sec. 27. (1) Every bill passed by the Congress present a proposed bill signed by him, for First
shall, before it becomes a law, be presented to the Reading and reference to the proper committee. The
President. If he approves the same, he shall sign it; bill is filed with the Office of the Secretary where it is
otherwise, he shall veto it and return the same with given a corresponding number and calendared for
his objections to the House where it originated, which first reading. During the First Reading, the principal
shall enter the objections at large in its Journal and author of the bill may propose the inclusion of
p ro c e e d t o re c o n s i d e r i t . I f , a f t e r s u c h additional authors thereof. The bill is read by its
reconsideration, two-thirds of all the Members of such number and title and the name/names of the author or
House shall agree to pass the bill, it shall be sent, authors;

together with the objections, to the other House by
which it shall likewise be reconsidered, and if (2) Referral to appropriate committee - Immediately
approved by two-thirds of all the Members of that after the First Reading, the bill is referred to the
House, it shall become a law. In all such cases, the proper committee or committees for study and
votes of each House shall be determined by yeas or consideration. It may conduct hearings and
nays, and the names of the Members voting for or consultation meetings. It then approves the bill with
against shall be entered in its Journal. The President or without amendments or recommends substitution
shall communicate his veto of any bill to the House or consolidation with similar bills filed. If
where it originated within thirty days after the date of disapproved in the committee, the bill dies a natural
receipt thereof; otherwise, it shall become a law as if death unless the House decides otherwise following
he had signed it. the submission of the report


(2) The President shall have the power to veto (3) Second Reading - If the committee reports the bill
any particular item or items in an appropriation, favorably, the bill is forwarded to the Committee on
revenue, or tariff bill, but the veto shall not affect the Rules so that it can be calendared for deliberation on
item or items to which he does not object. Second Reading. At this stage, the bill is read for the
second time in its entirety together with the
amendments, if any, proposed by the committee

 unless the reading is dispensed with by a majority
Bill - a proposed legislative measure introduced by a vote of the House;

member or members of Congress for enactment into law.
It is signed by its author(s) and filed with the Secretary of (4) Debates - A general debate is then opened after the
the House. 
 Second Reading and sponsorship speech of the author
of the bill. Amendments may be proposed by any
Steps in the passage of a bill.
 member of Congress. The insertion of changes or
amendments shall be done in accordance with the
1. First Reading rules of either House. The House may either “kill” or
2. Referral to appropriate committee pass the bill. A bill approved on Second Reading shall
3. Second Reading be included in the calendar of bills for Third Reading;

4. Debates
5. Printing and Distribution (5) Printing and distribution. - After approval of the
6. Third Reading bill on Second Reading, the b8ill is then ordered
7. Referral to the other House printed in its final form or version and copies of it are
8. Submission to joint bicameral committee distributed among the members of the House three (3)
days before its passage except in case of bills
Week 3-4 © AJ Cruz 9 of 12
certified by the President

Art. VI, Sec. (2) No bill passed by either House shall
(6) Third Reading - At this stage, only the title of the become a law unless it has passed three readings on
bill is read on the floor. Nominal voting is held. Upon separate days, and printed copies thereof in its final
the last reading of a bill, no amendment thereto is form have been distributed to its Members three days
allowed and the vote thereon is taken immediately before its passage, except when the President certifies
thereafter, and yeas and nays entered in the journal. A to the necessity of its immediate enactment to meet a
member may abstain. As a rule, majority of the public calamity or emergency. Upon the last reading
members constituting a quorum is sufficient to pass a of a bill, no amendment thereto shall be allowed, and
bill; 
 the vote thereon shall be taken immediately thereafter,
and the yeas and nays entered in the Journal.
(7) Referral to the other House - If approved, the bill is
then referred to the other House where substantially
the same procedure takes place. If the other House Certification of bills by the President - The exception to
approved the bill without changes or amendments, the the above requirement is “when the President certifies to
final version is signed by the Senate President and the the necessity of its immediate enactment to meet a public
Speaker of the House of Representatives;
 calamity or emergency. (Sec. 26 [2]).

(8) Submission to join bicameral committee -

Differences, if any, between the House’s bill bill and p. What are the bills that must originate
the Senate’s amended version, and vice versa are from the House of Representatives?
submitted to a conference committee of members of 1. Discuss Tolentino v. Secretary of
Finance. G.R. No. 115455
both Houses for compromise or to reconcile
conflicting provisions. If either House accepts the
changes made by the other, no compromise is Art. VI, Sec. 24. All appropriation, revenue or tariff
necessary; and
 bills, bills authorizing increase of the public debt,
bills of local application, and private bills shall
(9) Submission to the President - A bill approved on originate exclusively in the House of Representatives,
Third reading by both Houses shall be printed and but the Senate may propose or concur with
forthwith transmitted to the President for his action –
approval or disapproval that is, he either signs it into Procedure for enactment of appropriations and revenue
law or vetoes and sends it back with his veto bills is same with ordinary bills, but it the initiative must
message. If the President does not communicate his come from the House of Representatives because it is
veto of any bill to the House where it originated 30 more numerous in membership and therefore also more
days from receipt thereof, i shall become a law as if representative of the people.. Appropriation bills are
he signed it. Bills re-passed by Congress over the subject to restrictions or qualification in the
veto of the President automatically becomes a law. Constitution. [Art VI, Sec. 25, 27(2)]

RULE: The constitutional provision does no prohibit the

A bill passed by Congress becomes a law in either of filing in the Senate of substitute bill in anticipation of its
three ways: receipt of the bill from the House, so long as action by the
Senate as a body is withheld pending receipt of the House
1. When the President signs it bill.
2. When the President does not sign or communicate his The Senate can propose its own version even
veto of the bill within 30 days after the receipt thereof with respect to matters which are require to originate in
3. When the vetoed bill is reposed by Congress by 2/3 the House. The Senate cannot be denied such power,
vote of all its members, voting separately. otherwise i would violate the coequality of the legislative
power of the two house of Congress and make the lower
• The President may only veto an item in a bill in an House superior to the Senate.
appropriation, revenue or tariff bill bu the veto shall not
affect the item or items to which he does not object. Appropriation - an authorization made by law or other
legislative enactment, directing payment out of
government funds under specified conditions and/or for
specified purposes.

1. Appropriations Bill - the primary and specific aim

of which is to make appropriations of money from the
public treasury.

Week 3-4 © AJ Cruz 10 of 12

 regarded as conclusive with matters that are required by
Annual or general appropriations - it sets aside the the Constitution to be recorded therein.
annual expenses for the general operation of the
government. Popularly more known as the budget.
 Where there is discrepancy between the journal

 and the enrolled bill, the latter as a rule prevails over the
• In case of failure of Congress to pass the general former, particularly with respect to matters not expressly
appropriations bill for the ensuing fiscal year, the required to be entered in the journal.
general appropriations law for the preceding fiscal
year shall be deemed enacted. 
 RULE: Courts cannot go behind the enrolled act to

 discover what really happened. The respect due to the
Special or supplemental appropriations - include other branches of government demands that courts act
all appropriations not contained in the budget. They upon the faith and credit of what the officers of the said
are designed to supplement the general branches attest to as the official acts of their respective
appropriations.
 departments. (Morales v. Subido)

2. Revenue Bills - are the ones that levy taxes and raises SOLUTION: If there has been any mistake in the
funds for the government and do not include bills for printing of the bill before it was certified by the officer of
other purposes which incidentally create revenue
 the assembly and approved by the chief executive, the
remedy is by amendment by enacting a curative
3. Tariff Bill - is one that specifies the rates or duties to legislation, not by judicial decree.
be imposed on imported articles whether for revenue
or for regulation.

r. What are presidential issuances?
4. Bill of Increasing the Public Debt - is illustrated by
one floating bonds for public subscription redeemable Presidential Issuances - Acts of the Chief Executive of
after a certain period.
 the Philippines, whether in the exercise of the executive
power or broader powers conferred by emergency or at
5. Bill of Local Application - is one involving purely particular periods.
local or municipal matters, like charter of a city.


6. Private Bills - are illustrated by a bill grating s. What are the 6 presidential issuances
honorary citizenship to a distinguished foreigner.
 covered by the President’s Ordinance Power
under the Administrative Code of 1987? Discuss
q. What is the enrolled bill doctrine? each.

1. Discuss Morales v. Subido 1. Discuss David v. Arroyo, G.R. 171396, 03
May 2006.
2. Discuss Ople v. Torres, G.R. No. 127686,
Enrolled bill - is one which has been duly introduced, 23 July 1998.
finally enacted by both Houses, signed by the proper
officers of each House and approved by the President. It The Ordinance Power is
is a declaration by the two Houses, through their the rulemaking authority of the President of the
presiding officers, to the President that a bill, thus attested Philippines defined in Book III, Title I, Chapter
has received in due the sanction of the legislative branch II of Administrative Code of 1987.
of the government, and that it is delivered to him in
obedience to the constitutional requirement that all bills 1. Administrative Orders - Acts of the President
which pass Congress shall be presented to him. which relate to particular aspects of governmental
operations in pursuance of his duties as administrative
Enrolled Bill Doctrine - is a principle of judicial head shall be promulgated in administrative orders.
interpretation of rules of procedure in legislative bodies. (Administrative Code of 1987, Book III, Chapter 2,
Under the doctrine, once a bill passes a legislative body Section 3)

and is signed into law, the courts assume that all rules of 

procedure in the enactment process were properly Administrative Power - concerned with the
followed. That is, "[i]f a legislative document is work of applying policies and enforcing orders as
authenticated in regular form by the appropriate officials, determined by proper governmental organs. It enables the
the court treats that document as properly adopted.” President to fix a uniform standard of administrative
efficiency and check the official conduct of his agents.

• The Constitution requires that each House shall keep a 2. Executive Orders (Laws and Issuances) -
legislative journal [Art. VI, Sec 16(4)]. The Journal is Acts of the President providing for rules of a general or
permanent character in implementation or execution of
Week 3-4 © AJ Cruz 11 of 12
constitutional or statutory powers shall be promulgated in regulations. (DAR v. Uy, G.R. No. 169277, February 9,
executive orders. (Administrative Code of 1987, Book III, 2007, Callejo, J).
Chapter 2, Section 2)
Rules and regulations issued by the
3. General & Special Orders - General orders administrative or executive officers in accordance with
are acts and commands of the President in his capacity as and authorized by law, have the force and effect of law.

Commander-in-Chief of the Armed Forces of the
Philippines shall be issued as general or special orders. Requisites for validity
(Administrative Code of 1987, Book III, Chapter 2,
Section 7) • Rules should be germane to the objects and purposes of
the law.
4. Memorandum Circulars - Acts of the • Regulations should be not in contradiction with, but
President on matters relating to internal administration, conform to, the standards that the law prescribes
which the President desires to bring to the attention of all • That sole purpose of carrying into effect the general
or some of the departments, agencies, bureaus or offices provisions of the law.
of the Government, for information or compliance, shall
be embodied in memorandum circulars. (Administrative u. Distinguish between administrative rule-
Code of 1987, Book III, Chapter 2, Section 6) making and administrative interpretation of
law.
5. Memorandum Orders - Acts of the President
on matters of administrative detail or of subordinate or Administrative Rules and Regulations - issued by
temporary interest which only concern a particular officer administrative or executive officer in accordance with,
or office of the Government shall be embodied in and as authorized by, law have the force and effect of a
memorandum orders. (Administrative Code of 1987, law or partake the nature of a statute.
Book III, Chapter 2, Section 5)
 

RULE: In case of discrepancy or conflict between the
6. Proclamations - Acts of the President fixing a basic law and the regulations issued to implement it, the
date or declaring a status or condition of public moment former prevails over the latter.
or interest, upon the existence of which the operation of a
specific law or regulation is made to depend. Administrative Rule-making - the process that
(Administrative Code of 1987, Book III, Chapter 2, executive and independent agencies use to create or
Section 4) promulgate regulations. In general, legislatures first set
broad policy mandates by passing statutes, then agencies
• Presidential Decrees - were an innovation made by create more detailed regulations through rule-making.
President Ferdinand E. Marcos with the proclamation
of Martial Law. They served to arrogate unto the Chief Administrative Interpretation - it is merely advisory for
Executive the lawmaking powers of Congress. Only it is the courts that finally determine what the law means
President Marcos issued Presidential Decrees. In the
Freedom Constitution of 1986, President Corazon C. Administrative construction is not necessarily
Aquino recognized the validity of existing Presidential binding upon the courts; it may be set aside by judicial
Decrees unless otherwise repealed. department (if there is an error of law, or abuse of power
or lack of jurisdiction or GAD – grave abuse of
discretion).
t. What are administrative rules and
regulations? v. What are the law-making bodies of local
1. Department of Agrarian Reform v. government units?
Sutton, G.R. No. 162070, 19 October 2005 1. Discuss Lagcao v. Labra, G.R. No. 255746,
13 October 2004
The fundamental rule in administrative law is
that, to be valid, administrative rules and regulations Legislative Power of Local Government Units (LGUs)
must be issued by authority of law and must not - refer to the power of legislative bodies to enact
contravene the provisions of the Constitution. The rule- ordinances.
making power of an administrative agency may not be
used to abridge the authority given to it by Congress or by To be valid such ordinances require that their passage be
the Constitution. Nor can it be used to enlarge the power in accordance with prescribed procedure and that they
of the administrative agency beyond the scope intended. meet the substantive requisites for their validity.
Constitutional and statutory provisions control with
respect to what rules and regulations may be promulgated
by administrative agencies and the scope of their
Week 3-4 © AJ Cruz 12 of 12
LAW-MAKING BODIES OF LGUs
 become effective for all legal intents and purposes.


1. Barangay Ordinance - subject to review by • Approved ordinance is passed to Sangguniang

the Sangguniang Bayan or Sangguniang Panlungsod, as Panlalawigan for review.

the case ma y be, to determine whether it is consistent
with law or with municipal or city ordinance.
 • Within 30 days, Sangguniang Panlalwigan may
invalidate in whole or in part and its action is final; if
Sangguniang Barangay – smallest legislative body; may there’s inaction within 30 days, it is deemed valid.
pass an ordinance by majority of all its members; subject
to review by Sangguniang Bayan/Panglungsod 
 4. Provincial Ordinance 


MEMBERS: Each Sanggunian is headed by a Barangay Sangguniang Panlalawigan - the legislative body of a
Captain, and comprises seven members all province
titled kagawad, and the Chairman of the Sangguniang
Kabataan, the barangay's youth council, for a total of MEMBERS: The Sangguniang Panlalawigan is
eight members.
 composed of regularly elected members and ex
officio members. The provincial vice-governor serves as
LEGISLATION PROCESS: its presiding officer, who does not vote except in cases to
break a tie.
• The Sangguniang Bayan or Sangguniang Panlungsod
shall take action on the ordinance within 30 days from RULE: The affirmative vote of a majority of the
submission; if there’s inaction, it is presumed to be members of the Sangguniang Bayan/Panglungsod present
consistent with the municipal or city ordinance;
 and voting (quorum) shall be necessary for the passage of
any ordinance.
• If inconsistency is found, it will remand to the
Sangguniang Barangay concerned for adjustment, LEGISLATION PROCESS:

amendment, or modification, in which case the
effectivity of the ordinance is suspended;
 • The ordinance is forwarded to the Governor who,
within 15 days from receipt thereof, shall return with
• If it does not take action within said period, the his approval or veto;
ordinance shall be deemed approved. • If he does not return within that time, it shall be
deemed approved;
2. Municipal Ordinance - the power to enact is • A vetoed ordinance may be reposed by the
lodged in the Sangguniang Bayan 
 Sangguniang Panlalawigan by 2/3 votes of all its

 members.

and 

3. City Ordinance - the power to enact is vested w. What are the requirements for a valid ordinance?
in Sangguniang Panglungsod 1. Discuss Lagcao v. Labra, G.R. No. 155746, 13
October 2004.
MEMBERS: The municipal vice mayor is the ex
officio presiding officer of the Sangguniáng Bayan, In Lagcao vs. Labra, the Court outlined the
although he has no voting privilege except in cases to requirements for a valid ordinance. It must not only be
break a deadlock. In the absence of the vice mayor, a within the corporate powers of the city or municipality to
temporary presiding officer is elected by the Sangguniáng enact but must also be passed according to the procedure
Bayan councilors present at the session. prescribed b law. It must be in accordance with certain
well-established basic principles of a substantive nature:

RULE: The affirmative vote of a majority of the 

members of the Sangguniang Bayan/Panglungsod present 1) must not contravene the Constitution or any
and voting (quorum) shall be necessary for the passage of statute;
any ordinance. 2) must not be unfair or oppressive;

3) must not be partial or discriminatory;

LEGISLATION PROCESS: 
 4) must not prohibit but may regulate trade;

5) must be general and consistent with public
• The ordinance sent to Mayor within 10 days for policy; and

approval or veto; if there’s mayor’s inaction, ordinance 6) must not be unreasonable

is presumed approved; 
 


• If vetoed it can be overridden by 2/3 votes of all

members, thus the ordinance is approved and shall