TABLE OF CONTENTS
What are Statutes?
Philippine Statutes
Acts
Commonwealth Acts
Republic Act
Presidential Decree
Batas Pambansa
Kinds of Statutes
As to Scope of Application
As to Interested Parties
As to Effect in Time
As to Purpose
As to Coercive Force Applied
As to Period of Effectivity
As to Stage of Enactment
STATUTES OR STATUTORY LAW
A statute is an act of the legislative 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. Statutes enacted by the
legislature are those passed by the Philippine Commission, the Philippine Legislature, the Batasang
Pambansa, and the Congress of the Philippines. Other laws which are of the same category and binding
force as statutes are presidential decrees issued by the President in the exercise of his legislative power
during the period of martial law under the 1973 Constitution.
PHILIPPINE STATUTES
Nomenclature
Abbreviation Form of government Dates
designation
Philippine government under United States
Act Act 1900–1935
sovereignty
Commonwealth
CA Philippine Commonwealth 1935–1946
Act
1946–1972,
Republic Act RA Republic
1987–present
Presidential Republic under Martial Law/Fourth
PD 1972–1986
Decree Republic
Batas Pambansa BP Modified semi-presidential republic 1978–1985
ACTS
Legislative functions during the period from 1900 to 1935 were practiced by three different
bodies. This variety stems from the fact that it was during this time that the Philippines was a new colony,
having been ceded by Spain to the United States of America through the signing of the Treaty of Paris on
December 10, 1898.
During the American colonial period, the legislative branch of government started with the
creation of the Philippine Commission, followed by the Philippine Assembly, and finally by the
Philippine Legislature. The collective enactments of these three bodies are denominated as “Acts” and
cited as “Act No.___”. It enacted a total of 4,275 statutes.
COMMONWEALTH ACTS
Legislative Acts passed by the legislature established by virtue of the 1935 Constitution: first the
National Assembly, then the Congress of the Philippines. Beginning July 4, 1946, with the restoration of
the independence of the Philippines, the legislative acts of Congress became known as Republic Acts.
The enactment of the Jones Law of 1916 and the Tydings-McDuffie Act of 1934 by the U.S.
Congress paved the way for the creation of a transition government for the Philippines. This government
would give the Philippines ten years wherein it would gradually accustom itself to the benefits and rigors
of independence and self-rule. These two laws would establish the Commonwealth government with the
right to formulate and promulgate its own constitution. By virtue of these powers, the 1935 Constitution
was enacted and thus initially changed the legislature into a unicameral body. However, the bicameral
system was restored pursuant to a constitutional amendment in 1940.
The life and effectivity of the Commonwealth government was eventually cut short with the
outbreak of World War II and the Japanese Invasion.
Laws enacted by the Commonwealth Congress are denominated as “Commonwealth Acts” and
are cited as “C.A. No.___”. It enacted a total of 733 statutes.
REPUBLIC ACTS
A Republic Act is a piece of legislation used to create policy in order to carry out the principles of
the Constitution. It is crafted and passed by the Congress of the Philippines and approved by the President
of Philippines. It can only be repealed by a similar act of Congress.
The Congress of the Philippines’ history can be divided into two eras split in between by the
period when the Philippines was under martial law. The first era, covering the years from 1946 to 1972,
was the Congress created following World War II and the subsequent independence of the Philippines
from American colonial rule. The second era, reckoned from the enactment of the 1987 Constitution
which re-established the Congress survives until the present.
Laws enacted by the Congress of the Philippines are denominated as “Republic Acts” and are
cited as “R.A. No.___”. There are now over 10,650 Republic Acts.
PRESIDENTIAL DECREES
Presidential Decrees were an innovation made by President Ferdinand E. Marcos with the
proclamation of Martial Law. They served to arrogate unto the Chief Executive the lawmaking powers of
Congress. Only President Marcos issued Presidential Decrees. In the Freedom Constitution of 1986,
President Corazon C. Aquino recognized the validity of existing Presidential Decrees unless otherwise
repealed.
Using the rising wave of lawlessness and the threat of a Communist insurgency as justification,
President Ferdinand Marcos declared martial law on September 21, 1972 by virtue of Proclamation No.
1081. Marcos, ruling by decree, curtailed press freedom and other civil liberties, closed down media
establishments and Congress and ordered the arrest of opposition leaders and militant activists, including
his staunchest critics.
By virtue of the extraordinary legislative powers granted the president, President Marcos had the
constitutional authority to enact laws during the period of martial law. These laws came in the form of
Presidential Decrees. Amendment No. 6 of the 1973 Constitution further enlarged this power by granting
him the same powers even after the formal lifting of Martial law on January 17, 1981.
Laws enacted by the President Ferdinand Marcos are denominated as “Presidential Decrees” and
are cited as “P.D. No.___”. He enacted a total of 2,034 statutes.
BATAS PAMBANSA
Legislative Acts of the legislature established by virtue of the 1973 Constitution: first the Interim
Batasang Pambansa, then the Regular Batasang Pambansa. The Batasang Pambansa was abolished with
the assumption of revolutionary powers by President Corazon C. Aquino and the promulgation of the
1986 Freedom Constitution. However, Article IV of the 1986 Freedom Constitution recognized the
validity of Batas Pambansa unless otherwise repealed or amended.
The Batasang Pambansa (English: National Assembly), also known by its nickname, the Batasan,
was the former parliament of the Philippines, established as an interim assembly in 1976 and finally as an
official body in 1981. Under the 1973 constitution, it replaced the former Congress established under the
1935 Commonwealth constitution. The Batasan was one of two unicameral parliaments in Philippine
history, the other being the Malolos Congress under the 1899 constitution.
Laws enacted by the Batasang Pambansa are denominated as “Batas Pambansa” and are cited as
“B.P. No.___”. It enacted a total of 884 statutes.
KINDS OF STATUTES
A. As to Scope of Application
1. General
A general statute is one which applies to the whole state and operates throughout the state alike
upon all the people or all of a class. It is one which embraces a class of subjects or places and does not
omit any subject or place naturally belonging to such class.
2. Special
A special statute is one which relates to particular persons or things of a class, or to a particular
portion or section of the state only.
3. Local
A local statute is one whose operation is confined to a specific place or locality. A municipal
ordinance is an example of a local law.
B. As to Interested Parties
1. Public
One which concerns the interests of the public at large or the whole community. It need not be a
universal rule, in the sense that it applies to the entire territory or to all the people. It is enough that it
concerns the public and not merely a private interest, although it is local or special.
A public statute is a general classification of law, consisting generally of constitutional,
administrative, criminal, and international law, concerned with the organization of the state, the relations
between the state and the people who compose it, the responsibilities of public officers of the state, to
each other, and to private persons, and the relations of state to one another. Public law may be general,
local or special law.
2. Private
One which relates to, concerns, and affects particular individual. These are private acts which
specially enumerate by name the person, political subdivision, or classes of persons affected in a special
manner.
A private statute defines, regulates, enforces, and administers relationships among individuals,
associations, and corporations.
C. As to Effect in Time
1. Prospective
A prospective statute is one which operates upon facts or transactions that occur after the statute
takes effect, one that looks and applies to the future.
2. Retrospective
A retroactive law is one which creates a new obligation, imposes a new duty, or attaches a new
disability in respect to a transaction already past. A retroactive law, in a legal sense, is one which takes
away or impairs vested rights acquired under existing laws, or creates a new obligation and imposes a
new duty, or attaches a new disability in respect of transactions or considerations already past.
It is a well-settled rule that laws operate prospectively only unless the legislative intent to the
contrary is made manifest either by the express terms of the statute or by necessary implication.
The Civil Code of the Philippines follows the above rule thus, “Laws shall have no retroactive
effect, unless the contrary is provided.”
D. As to Purpose
1. Remedial
Statutes which affect a remedy or improve or facilitate existing remedies for the enforcement of
rights and of redress of injuries. They include statutes for the correction of defects, mistakes, and
omissions in the civil institutions and administration of the state.
2. Penal
Those statutes which impose a punishment for the violation of its provisions. These statutes
generally define certain acts or omissions to be offenses against the state and impose penalties thereon.
3. Curative
Those which are enacted to cure defects in a prior law, or which validate legal proceedings,
instruments, or acts of public authorities which without such statutes would otherwise be void for want of
conformity with certain existing legal requirements.
E. As to Coercive Force Applied
1. Mandatory
A statute which commands either positively that something be done, or performed in a particular
way, or negatively that something be not done, leaving the person concerned no choice on the matter
except to obey. A mandatory statue is one that contains words of command or prohibition, the omission to
follow which renders the proceeding to which it relates illegal and void, or the violation of which makes
the decision therein rendered invalid.
2. Directory
A directory statute is a statute which is permissive or discretionary in nature and merely outlines
the act to be done in such a way that no injury can result from ignoring it or that its purpose can be
accomplished in a manner other than that prescribed and substantially the same result obtained. A statute
which merely operates to confer discretion upon a person, namely, to act according to the dictates of his
own judgment and conscience of others, is directory. Considering the nature of a directory statute, the
nonperformance of what it prescribes, though constituting in some instances an irregularity or subjecting
the official concerned to disciplinary or administrative sanction, will not vitiate the proceedings therein
taken.
F. As to Period of Effectivity
1. Permanent
A permanent statue is one whose operation or activity is not limited to some particular term or
period but continues in force until repealed or amended. It does not terminate by the lapse of a fixed
period or by occurrence of an event. Neither disuse nor custom or practice to the contrary operates to
render it ineffective or inoperative.
2. Temporary
A temporary statute is one whose operation or effectivity is limited to a fixed period or term fixed
in the statute itself or whose life ceases upon the happening of an event. Where a statute provides that it
shall be in force for a definite period, it terminates at the end of such period. Where a statute is designed
to meet an emergency, it ends upon the cessation of such emergency. Since an emergency by nature is
temporary in character, so must the statute intended to meet it be. A limit in time to tide over a passing
trouble may justify a law that may not be upheld as a permanent one.
G. As to Stage of Enactment
1. Original
These are statutes which purport to be independent of existing statutory provision.
2. Amendatory
An amendatory statute is one which expressly adds or supplements or works out an improvement
in the original law.
3. Repealing
A repealing statute is one which revokes or terminates another.
4. Adopted
Adopted statutes are those which are adopted wholly or in part by another state.
5. Re-Enacted
There are pre-existing statutes which are passed by the same legislature which originally enacted
them in the same terms or in substantially the same language and for the same purpose and object as the
original statute.
Sources:
Agpalo, R. (2009). Statutory Construction, Sixth Edition.
ChanRobles Virtual Law Library, accessed March 22, 2024
[Link]
Corpus Juris, Accessed March 20, 2024
[Link]
Official Gazette of the Republic of the Philippines, accessed March 22, 2024
[Link]
The Lawphil Project by Arellano Law Foundation, accessed March 22, 2024
[Link]
