A. INTRODUCTION E.G.

Municipal Ordinance
1. Law; concept, definition and kinds 2. Private Statute — one which applies only to a specific person or
 Rule of conduct formulated and made obligatory by legitimate power subject
of the state. b. According to its Duration:
 It includes: 1. Permanent Statute — one whose operation is not limited in
a. Enacted by legislature; duration but continues until replaced. It does not terminate by
b. Presidential decrees and executive orders issued by the President in the lapse of a fixed period or by the concurrence of an event.
the exercise of his legislative power; 2. Temporary Statute — whose duration is for a limited period of
c. Other presidential issuances in the exercise of his ordinance power; time fixed in the statute itself or whose life ceases upon the
d. Rulings of the Supreme Court construing the law; happening of an event
e. Rules and regulations promulgated by administrative or executive c. According to its Application:
officers pursuant to a delegated power; and 1. Prospective — applicable only to cases which shall arise after its
f. Ordinances passed by Sanggunians of local government units. enactment
2. Statute; definition and classifications 2. Retroactive — looks backward or contemplates the past; one
 An act of legislature as an organized body expressed in the form, and which is made to affect acts or facts occurring, or rights
passed according to the procedure, required to constitute it as part of occurring, before it came into force
the law of the land. d. According to its Operation:
 The classifications are as follows: 1. Declaratory —
a. According to Scope: 2. Curative — a form of retrospective legislation which reaches
1. Public Statute — one which affects the public at large or the back into the past to operate upon past events, acts or
whole community transactions in order to correct errors and irregularities and to
o General Law — one which applies to the whole state and render valid and effective many attempted acts which would
operates throughout the state otherwise be ineffective for the purpose intended
o Special Law — one which relates to particular persons or 3. Mandatory — generic term describing statutes which require
things of a class or to a particular community, individual or and not merely permit a course of action
thing 4. Directory —
o Local Law — one whose operation is confined to a specific 5. Substantive —
place or locality

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 6. Remedial — Providing means or method whereby causes of 3. Law and Statute distinguished
action may be affectuated, wrongs redressed and relief “Law” and “statute” both refer to certain laws that have been made
obtained and implemented in a society for some kind of discipline, rules, and
7. Penal — defines criminal offenses specify corresponding fines regulations to be followed by a community or society or nation as a whole.
and punishments “Law” and “statute” are different from each other as a law refers to some
e. According to its Forms: common rules made and followed by the society for a long time which are
1. Affirmative — directs the doing of an act, or declares what shall still being followed. These are not necessarily written whereas a statute
be done in contrast to a negative statute which is one that refers to laws which have been passed as bills by the legislature of a country
prohibits the things from being done, or declares what shall not or have been written down and are consulted for use.
be done 4. Steps in the Passage of a Bill into a Law
2. Negative — BILL
The Different Nomenclatures  Is a proposed legislative measure introduced by a member or members
ERA ENACTING AUTHORITY NAME of Congress for enactment into law
1900-1935 Philippines government Acts  It is signed by its author (s) and filed with the Secretary of the House
under US sovereignty  It may originate from either the lower house or Upper House, except:
1901-1935 Philippine Commission Public Acts o Bills of Local Application;
and the Philippine o Appropriation;
Legislature o Revenue or Tariff Bills;
1936-1946 Commonwealth Commonwealth Acts o Bills Authorizing Increase of Public Debt; and
1946-1972; 1987 Congress of the Republic Acts o Private Bills; which shall originate exclusively in the House of
Philippines; 1987 Representatives.
Constitution 1) MAKING THE BILL
1978-1985 Batasang Pambansa Batas Pambansa a. Introduced by a member or members of Congress for enactment into

President Presidential decrees and law.

Executive orders b. It is signed by its author (s) and filed with the Secretary of the House.

1986-1987 Provisional Constitution Executive Orders c. The Secretary of the House reports the bill for first reading.
2) FIRST READING
a. It will consist of reading the number and the title of the bill.

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 b. It will refer to the appropriate Committee for study and  3 Versions of a Bill
recommendation. 1. Lower House
c. The committee will hold public hearings on the proposed measure, and 2. Senate
it will submit its report and recommendation for Calendar for second 3. Conference Committee
reading.  If both Houses approve the report of the conference
3) SECOND READING committee adapting a third version of the bill, then it is
a. The bill shall be read in full with the amendments proposed by the the latter that is the final version, which is conclusive
Committee. under the doctrine of enrolled bill, that it will be
*The copies will be distributed to the Committee submitted to the President for approval.
b. Thereafter, the bill will be subjects to debated, pertinent motions, and c. After the amendments shall have been acted upon, the bill will be voted
amendments. upon.
 If the bill is approved on third reading by one House, it is d. If a bill approved in this reading, the bill shall be included in the
transmitted to other House for concurrence. Calendar of bills for third reading.
 If the other House approves the bill without amendment, the 4) THIRD READING
bill is passed by Congress, and the same will be transmitted to a. The bill as approved on second reading will be submitted for final vote
the President for appropriate action. by yeas or nays.
 If the other house introduces amendments and the House from Authentication of Bills/ Enrolled Bills
which it originated does not agree with said amendments, the — system of authentication is needed before an approved bill is sent
differences will be settled by the Bicameral Conference to the President
Committee of both Chambers, whose reports or — it is authenticated by signing by the Speaker and Senate President
recommendation thereon will have to be approved by both of the printed copy of the approved bill, certified by the respective
Houses in order that it will be considered passed by Congress secretaries of both Houses, to signify to the President that the bill
and thereafter send to the President for action. being presented to him has been duly approved by the legislature
 Bicameral Conference Committee and is ready for his approval or rejection.
o The mechanism for compromising differences between the Legislative Journal — records of the proceedings of all the readings of the bill
Senate and the House in the Passage of a bill into law. b. The bill will be submitted to President for its approval or veto.
o It may deal generally with the subject matter, or it may President’s Approval or Veto
produce unexpected results beyond its mandate.  APPROVAL — if he approves the bill, he shall sign it to become a law

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  VETO — if he vetoes the bill, it will be returned with his objections  Conclusive with respect to other matters that are required by the
to the House where it originated, which shall enter the objections in its Constitution
Journal and proceed to reconsider  Disputable with respect to all other matters
— After such reconsideration, 2/3 of all members of such House  By reason of public policy, authenticity of laws should rest upon
shall agree to pass the bill, it shall be sent, together with the objections, to public memorials of the most permanent character.
other House by which shall likewise be reconsidered, and if approved by  Should be public.
the 2/3 of all members of that House, it shall become a law. SECTION 26 (2), ARTICLE VI OF THE 1987 PHIL. CONSTITUTION
 REJECTION — the President shall communicate his veto to any bill to “No bill passed by either House shall become a law unless it has passed
the House where it originated within 30 days after the date of receipt three readings on separate days, and printed copies thereof in its final form have
thereof, otherwise, it shall become a law as if he signed it. been distributed to its Members three days before its passage, except when the
Presidential Certification — it is the certification of the President as to the necessity President certifies to the necessity of its immediate enactment to meet a public
of the bill’s immediate enactment to meet a public calamity or emergency, the calamity or emergency. Upon the last reading of a bill, no amendment thereto shall
requirement of three readings on separate days and of printing and distribution of be allowed, and the vote thereon shall be taken immediately thereafter, and the
printed copies thereof 3 days before its passage can be dispensed with. vote yeas and nays entered in the Journal.”
 A bill passed by Congress becomes a law in either of three ways: CONSTITUTIONAL TEST IN THE PASSAGE OF A BILL
1. When the President signs it; *No ex post facto law or bill of attainder shall be enacted.
2. When the President does not sign nor communicate his veto of the I. Article VI, Section 26 (1), 1987 Constitution:
bill within 30 days after his receipt thereof; and Every bill passed by Congress shall embrace only one subject which shall
3. When the vetoed bill is repassed by Congress 2/3 vote of all its be expressed in the title thereof.
Members, each House voting separately. The purpose are:
1. To prevent hodge-podge or log-rolling legislation;
Authentication of bills
2. To prevent surprise or fraud upon the legislature; and
 Before passed to the President
3. To fairly apprise the people, through such publications of legislative
 Indispensable
proceedings as is usually made, of the subjects of legislation that are
 By signing of Speaker and Senate President
being considered, in other than they may have opportunity of being
Unimpeachability of legislative journals
hear thereon by petition or otherwise, if they shall so desire.
 Journal of proceedings
4. Used as a guide in ascertaining legislative intent when the
language of the act does not clearly express its purpose.

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 II. Article VI, Section 26 (2), 1987 Constitution o Purpose:
No bill passed by either House shall become law unless it has passed three  Apprise the object, nature, and scope of the provisions of
readings on separate days, and printed copes thereof in its final form have the bill
been distributed to each member three days before its passage.  Prevent the enactment into law of matters which have not
III. Article VI, Section 27 (1), 1987 Constitution received the notice, action, and study of the legislators
Every bill passed by the Congress, shall, before it becomes a law, be  Prohibits duplicity in legislation
presented to the President. The executive approval and veto power of the C. Enacting Clause
President is the third important constitutional requirement in the o Written immediately after the title thereof
mechanical passage of a bill. o Contains declaration of authority to legislate
5. Parts of a Statute D. Purview or body of statute
A. Preamble o Set of provisions which tells what the law is all about
o Statement or explanation or a finding of facts, reciting the E. Separability/ Saving Clause
purpose, reason, or occasion for making the law to which it is o States that is any provision of the act is declared invalid, the
prefixed remainder shall not be affected thereby
o PDs and Eos generally have preambles F. Repealing Clause
B. Title of the Statute o When a legislature repeals a law, the repeal is not a legislative
o “every bill passed by Congress shall embrace only one subject declaration finding the earlier law unconstitutional
which shall be expressed in the title thereof”: embodied in the G. Effectivity Clause
1935 Constitution and re-enacted in the 1973 and 1987 o Provision when the law takes effect
Constitution H. Saving Clause
o Subject of legislation o A restriction in a repealing act, which is intended to save rights,
o Limitations: pending proceedings, penalties, etc., from the annihilation
 The legislature is to refrain from conglomeration, under one which would result from an unrestricted content.
statute, of heterogeneous subjects a. How Requirement of Title Construed
 The title of the bill is to be couched in a language sufficient — The title of the bill should be liberally construed. It should not be
to notify the legislators and the public and those concerned given a technical interpretation. Nor should it be so narrowly
of the import of the single subject thereof construed as to cripple or impede the power of legislation.
*When Requirement not Applicable*

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  The requirement that a bill shall embrace only one subject Chief Executive, the remedy is by amendment by enacting a
which shall be expressed in its title was embodied in the curative legislation not by judicial decree.
1935 Philippine Constitution, and reenacted in the 1973 and B. STATUTORY CONSTRUCTION
1987 Constitution. Definition: is the art or process of discovering and expounding the meaning
 It only applies only to bills which may thereafter be enacted and intention of the authors of the law, where that intention is rendered
into law. doubtful by reason of ambiguity in its language or of the fact that the given
 It does not apply to laws in force and existing at the time case is not explicitly provided for in the law
the 1935 Constitution took effect. Rule: When the law is clear and unambiguous, the court employs canons of
b. Effect of Insufficiency of Title statutory construction to ascertain its true intent and meaning.
— A statute whose title does not conform to the constitutional  Legislative Purpose: the objective why the law was created
requirement or is not related in any manner to its subject is null and  Legislative Meaning: the scope of the law determined by the language
void. used in the law
c. Declaring a Law Unconstitutional Vested with the Courts  Verba Legis: plain meaning rule; the presumption that the words
d. Enrolled Bill employed by the legislature in a statute correctly express its intention
The authenticated final copy of the bill; authentication by Senate or will, precluding any construction
President and Speaker of the House of Representatives, Approval by  Legis interpretato legis vim obtinet: the authoritative interpretation of
President. the SC of a statute acquires the force of law by becoming a part
 Bills passed by congress authenticated by the Speaker and the thereof
Senate President and approved by the President  Stare decisis et non quieta movere: when the SC has once laid down a
 Importing absolute verity and is binding on the courts. principle of law as applicable to certain state of facts, it will adhere to
o It carries on its face a solemn assurance that it was passed by that principle and apply it to all future cases where the facts are
the assembly by the legislative an executive departments. substantially the same
 Courts cannot go behind the enrolled act to discover what really C. CONSTRUCTION AND INTERPRETATION
happened. 1. Construction Distinguished from Interpretation
o If only for respect to the legislative and executive departments Construction Interpretation
 Thus, if there has been any mistake in the printing of the bill before Drawing of conclusions with Process of discovering the true
it was certified by the officer of the assembly and approved by the respect to subjects that are beyond meaning of the language used.
the direct expression of the text

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 from elements known and given in o Thus, respondent should be paid for the projects he completed.
the text. Such payment, however, is without prejudice to the payment of
Goes beyond the language of the Ascertain the meaning of a word the fine prescribed under the law.
statute and seeks the assistance of found in a statute, may reveal a 2. Purpose of Interpretation and Construction
extrinsic aids in order to determine meaning different from that 3. Legislative Intent
whether given case falls within the apparent word is considered Essence of the law; comprising of the purpose and meaning of the law.
statute. abstractly or when given its usual a. Where Legislative Intent is Ascertained
meaning. The object of all interpretation and construction of statures is to
Drawing of conclusions, respecting Art in finding out the true sense of ascertain the meaning and intention of the legislature, to the end that
subjects that lie beyond the direct any form of words, that is, the the same may be enforced.
expression of the text, from sense which their author intended Legislative intent is determined principally from the language of the
elements known from and given in to convey, and of enabling others statute.
the text; conclusion which are in to derive from them the same idea 4. When Necessary to Interpret and Construe
the spirit, though not within the which the author intended to  When the meaning is open to interpretation, the court may have to
letter, of the text. (Dr. Lieber) convey. (Dr. Lieber) infer from the evidence and from the actions of the parties what the
Duty of the Courts to Construe and Interpret the Law (Requisites) parties intended by the contract.
1. There must be an actual case or controversy.  Courts also look prior case law for guidance and, in some
2. There is ambiguity in the law involved in the controversy. jurisdictions, this prior case law may have a binding effect on later
Ambiguity—doubtfulness, doubleness of meaning, duplicity, indistinctiveness, decisions by court.
or uncertainty of meaning of an expression used in a written instrument. It exists 5. When Not Necessary to Interpret and Construe
if reasonable persons can find different meanings in a statute, document, etc. a. Bolos v. Bolos
a. Republic v. Lacap o The categorical language of A.M. No. 02-11-10-SC leaves no
o The “plain meaning rule” or verbal legis in applying Section 35 room for doubt.
of R.A. No. 4566. o The coverage extends only to those marriages entered into
o The law does not declare, expressly or impliedly, as void during the effectivity of the Family Code which took effect on
contracts entered into by a contractor whose license had August 3, 1988.
already expired. Nonetheless, such contractor is liable for o The rule sets a demarcation line between marriages covered by
payment of the fine prescribed therein. the Family Code and those solemnized under the Civil Code.

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D. THE THREE DEPARTMENTS OF THE GOV’T AND THEIR POWER IN RELATION District Courts, Metropolitan Trial Courts, Municipal Trial Courts and Municipal
TO STATUTORY CONSTRUCTION Circuit Trial Courts, and Shari’a Circuit Courts and they shall continue to exercise
1. Legislative Power their respective jurisdictions until otherwise provided by law.
 Power to make, alter and repeal laws
 Vested in congress – 1987 Constitution Judicial power includes the duty of the courts of justice to settle actual

 President – 1973 & Freedom (PD and EO respectively) controversies involving rights which are legally demandable and enforceable, and,

 Sangguniang barangay, bayan, panglungsod, panlalawigan –only within in cases prescribed by law, to determine whether or not there has been a grave

respective jurisdiction – ordinances abuse of discretion amounting to lack or excess of jurisdiction on the part of any

 Administrative or executive officer branch or instrumentality of the Government.

 Delegated power
Rules in the Exercise of Judicial Power
 Issue rules and regulations to implement a specific
1. There must be an actual case or controversy,
Congress Legislative Power
2. There is ambiguity in the law involved in the controversy.
 The determination of the legislative policy and its formulation and
Ambiguity exists if reasonable persons can find different meanings in a statute,
promulgation as a defined and binding rule of conduct.
documents, etc.
 Legislative power - plenary except only to such limitations as are found in
If the law is clear and unequivocal, the Court has no other alternative but to apply
the constitution
the law and not to interpret. Construction and interpretation of law come only after
Municipality of San Juan, Metro Manila v. CA, et.al.
it has been demonstrated that application is impossible or inadequate without
The basic elements of res judicata are: (a) the former judgment must be
them.
final; (b) the court which rendered it had jurisdiction over the subject matter and
the parties; (c) it must be a judgment on the merits; and (d) there must be between
Biraogo v. The Philippines Truth Commission

the first and second actions identity of parties, subject matter, and cause of action Like almost all powers conferred by the Constitution, the power of judicial review

There is a long standing principle that every statute is presumed to be valid is subject to limitations, to wit: (1) there must be an actual case or controversy calling for

However, this rests upon the premise that the statute was duly enacted by the exercise of judicial power; (2) the person challenging the act must have the standing to

legislature. This presumption cannot apply when there is clear usurpation of question... the validity of the subject act or issuance; otherwise stated, he must have a

legislative power by the executive branch. personal and substantial interest in the case such that he has sustained, or will sustain,
direct injury as a result of its enforcement; (3) the question of constitutionality must be
2. Judicial Power
raised at the... earliest opportunity; and (4) the issue of constitutionality must be the very
The judicial power shall be vested in one (1) Supreme Court, and in such lower
lis mota of the case.
courts as may be established by law. Such lower courts include the Court of
Appeals, Sandiganbayan, Court of Tax Appeals, Regional Trial Courts, Shari’a
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 "Adjudicate," commonly or popularly understood, means to adjudge, arbitrate, E. RATIONALE FOR SEPARATION OF POWERS
judge, decide, determine, resolve, rule on, settle. The dictionary defines the term as "to Separation of powers, therefore, refers to the division of government
settle finally (the rights and duties of the parties to a court case) on the merits of issues responsibilities into distinct branches to limit any one branch from exercising
raised: x... x to pass judgment on: settle judicially: x x act as judge." And "adjudge" means
the core functions of another. The intent is to prevent the concentration of
"to decide or rule upon as a judge or with judicial or quasi-judicial powers: x x to award or
power and provide for checks and balances.
grant judicially in a case of controversy x x."
The Doctrine of Separation of Powers entails: first, the division of the
In the legal sense, "adjudicate" means: "To settle in the exercise of judicial authority.
powers of the government into three, which are legislative, executive, and
To determine finally. Synonymous with adjudge in its strictest sense;" and "adjudge" means:
"To pass on judicially, to decide, settle or decree, or to sentence or condemn. x x. judicial; and second, the distribution of these powers to the three major

3. Executive Department branches of the government, which are the Legislative Department, Executive

Executive Power is the power to enforce and administer laws. Department, and the Judicial Department. Basically, it means that the

Residual Power Legislative Department is generally limited to the enactment of the law and not
As declared by the Supreme Court, the residual power it is the power borne by the to implementation or interpretation of the same; the Executive Department is
President’s duty to preserve and defend the Constitution . It may also be viewed as a generally limited to the implementation of the law and not to the enactment
power implicit in the President’s duty to take care that the laws are faithfully executed. or interpretation of the same; and the Judicial Department is generally limited
(Marcos v. Manglapus, 177 SCRA 668) to the interpretation and application of laws in specific cases and not to the
Suarez (2015) cited Hyman where the latter advanced the view that an allowance of making or implementation of the same.
discretionary power is unavoidable and is best lodged in the President.
This power has been further enunciated by the Supreme Court where it stated that
“The Presidents power to conduct investigations to aid him in ensuring the faithful
execution of laws in this case, fundamental laws on public accountability and
transparency is inherent in the President’s powers as the Chief Executive.” Thus, the
Executive Department is given much leeway in ensuring that our laws are faithfully
executed. (Biraogo et al. vs. The Philippine Truth Commission of 2010, G.R. Nos. 192935
and 193036, December 7, 2010).
The residual power of the President of the Philippines can result to a strong
President but a weaker legislature and judiciary. The system may suffer from limited or
ineffective constitutional checks on the Executive branch. The President may often
aggrandize his/her power by referring to the separation of powers to justify assertions
of authority and to avoid oversight from other branches or governmental bodies.

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Justices in the Supreme Court
1. Chief Justice Lucas P. Bersamin A. Speaker of the House: Alan Peter Cayetano
2. Antonio T. Carpio B. Senate President: Vicente “Tito” Sotto III
3. Diosdado M. Peralta
C. Senate Secretary: Atty. Myra Villarica
4. Estela M. Perlas-Bernabe
D. Secretary General of the House of Representatives: Jose Luis Montales
5. Marvic Mario Victor F. Leonen
o keeps the journal of each session
6. Alfredo Benjamin S. Caguioa
o notes questions
7. Andres B. Reyes, Jr.
8. Alexander G. Gesmundo o presides over the chamber of the 1st house

9. Jose C. Reyes
10. Ramon Paul L. Hernando
11. Rosmari D. Carandang
12. Amy C. Lazaro-Javier
13. Henri Jean Paul B. Inting
14. Rodil V. Zalameda

18th Congress
Senate
Senate President: Vicente Tito Sotto
Senate President pro tempore: Ralph Recto
Majority Floor Leader: Juan Miguel Zubiri
Minority Floor Leader: Franklin Drilon
House of Representatives
Speaker: Alan Peter Cayetano
Deputy Speakers: Paolo Duterte, Vilma Santos-Recto, Loren Legarda
Majority Leader: Martin Romualdez
Minority Leader: Benny Abante

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