PRESIDENTIAL ISSUANCES acts of the President fixing a date or declaring a statute or condition of public
moment or interest, upon the existence of which the operation of a specific law or
those which the President issues in the exercise of his ordinance power, which regulation is made to depend
have force and effect of law
Proclamation No. 802
Kinds:
declaring Friday, 13 September 2019, A Special (non-working) Day in the
A. Executive Orders
Cordillera Administratrive Region
B. Administrative Orders
C. Proclamations
D. Memorandum Orders D. Memorandum Orders
E. Memorandum Circulars
F. General and Special 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
A. Executive Orders
acts of the President providing for rules of a general or permanent character in Memorandum Order No. 39
the implementation or execution of constitutional or statutory powers.
adopting the guidelines for the augmentation pay of Bureau of Immigration (Bi)
help officers and agencies of the executive branch manage the operations within personnel under Memorandum Order No. 24 (S.2018) as guidelines for Bi special
the government itself. provision no. 1 of the general appropriations act for fiscal year 2019.
E. Memorandum Circulars
E.O. No. 92
acts of the President on matters relating to internal administration which the
institutionalizing the national council against child labor to upscale the President desires to bring to attention of all or some of the departments,
implementation of the Philippine program against child labor agencies, bureaus, or offices of the government, for information or compliance
September 17, 2019
Memorandum Circular No. 67
B. Administrative Orders directing all government agencies and instrumentalities, including government
owned or controlled corporations, and encouraging local government units to
acts of the President which relate to the particular aspects of governmental extend their support to the Philippine Sports Commission and Philippine
operations in pursuance of his duties as administrative head. Paralympic Committee in the preparation, organization and hosting of the 10th
ASEAN Paralympic Games
Administrative Order No. 18A September 26, 2019
accelerating rural progress throughout robust development of special economic
zones in the countryside F. General or Special Orders
June 17, 2019
acts and commands of the President in his capacity as Commander-In-Chief of
the Armed Forces of the Philippines
C. Proclamations
General Order No. 1
implementing Proclamation No. 216 dated 23 May 2017 (Placing Mindanao (c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
under Martial Law)
(e) All cases in which only an error or question of law is involved.
May 30, 2017 (3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary
assignment shall not exceed six months without the consent of the judge concerned.
Special Order No. 1061 (4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and
procedure in all courts, the admission to the practice of law, the integrated bar, and legal assistance to the
designating the Secretary of the Department of Justice as Officer-In-Charge on 1- underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases,
6 October 2019 shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules
of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme
Court.
(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.
rule-making power of the Supreme Court includes the power to repeal procedural
Implementing Rules and Regulations laws
a statute is superior to an administrative regulation. does not have the power to promulgate rules which are substantive in nature
rule-making power of a public administrative agency is a delegated legislative
power. Construction
the drawing of conclusions with respect to subjects that are beyond the direct
Administrative Rules and Regulations expression of the text
Power to fill-in-details in the execution, enforcement or administration of law, it is Interpretation
essential that the said law: process of discovering the true meaning of the language used
limited within the four corners of the written text
A. Be complete in itself
it must set forth therein the policy to be executed, carried out or Rules of Construction:
implemented by the delegate
B. Fix a standard rules of statutory construction are tools used to ascertain or clarify legislative
intent
the limits of which are sufficiently determinable
the delegate must conform in the performance of his functions
marks its limits and maps out its boundaries Aids to Construction:
where the meaning of a statute is ambiguous, the court is warranted in availing
itself of all legitimate aids to construction in order that it can ascertain the
Supreme Court Circulars and Memorandum Circulars true intent of the statute.
Sec 5 (5) Article VIII of the 1987 Constitution Types of Aids to Construction:
Section 5. The Supreme Court shall have the following powers:
A. Intrinsic Aids
(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over those found in the printed page of the statute itself
petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, Kinds:
final judgments and orders of lower courts in:
1) Preamble of Statute
(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law,
presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
prefatory statement or explanation or a finding of facts, reciting the 1) Legislative debates, views and deliberations, except when the speech or
purpose, reason, or occasion for making the law to which it is prefixed. statements have no relevance to the law.
2) Legislative history
2) Title of Statute
3) President’s message to legislature
the Constitution provides that “every bill passed by Congress shall
embrace only one subject which shall be expressed in the title thereof” 4) Explanatory notes
5) Reports of commissions
it is the brief summary of the law
6) Change in phraseology
Hodgepodge Title 7) Principles of common law
if the title carries two or more subject matter 8) Conditions ate the time of enactment
3) Context of the whole text
the phrases, the words, the sentences, the sections, the provisions, which
should be taken as a whole in relation to one another
look at the legislative intent which should be ascertain from consideration
of the whole text of the statute and not looking on the old text of the
provision
4) Punctuation Marks
comma, semi-colon, period
if the punctuation gives the statute a meaning which is reasonable and in
apparent accord with the legislative will, it may be used as additional
argument for adopting the literal meaning of the words as punctuated.
5) Capitalization of Letters
6) Headnotes, Headings or Epigraphs
these are prefixed to sections or chapters of a statute for ready reference
or classification.
7) Lingual Text
Philippine laws are officially promulgated either in English, Spanish or
Filipino.
English text shall govern, but in case of ambiguity, omission or mistake,
Spanish may be consulted to explain the English text.
B. Extrinsic Aids
extraneous facts and circumstances outside the printed page
Kinds:
