I After heroic Filipino resistance against overwhelming odds finally

ended with the fall of Bataan and Corregidor in 1942, a Japanese

a. Define Constitution (p.581) “republic” was established, in reality, a period of military rule by
the Japanese Imperial Army. A new constitution was ratified in
A constitution is the aggregate of fundamental principles or 1943 by Filipino collaborators who were called the Kapisanan sa
established precedents that constitute the legal basis of a polity, Paglilingkod ng Bagong Pilipinas (Kalibapi). An active guerilla
organization or other type of entity, and commonly determines movement continued to resist the Japanese occupation. The
how that entity is to be governed. Japanese forces were finally defeated by the Allies in 1944 and
this sorry chapter came to a close.
b. Origin and History (p. 582)
Philippine independence was eventually achieved on July 4, 1946.
It is from Latin constitutus, the past participle of constituere,
The 1935 Constitution, which featured a political system
meaning "to set up," which is based on an agreement of the
virtually identical to the American one, became operative. The
prefix com- ("with, together, jointly") with the verb statuere ("to
system called for a President to be elected at large for a 4-year
set or place")
term (subject to one re-election), a bicameral Congress, and an
A revolution was launched against Spain and the revolutionaries independent Judiciary.
declared Philippine independence in Kawit, Cavite on June 12,
Ferdinand Marcos was elected president in 1965 and was re-
1898. What became known as the Malolos Congress was
elected in 1969, the first president to be so re-elected. Desirous
convened on September 15, 1898 and the first Philippine
of remaining in power beyond his legal tenure, he declared
Constitution, called the Malolos Constitution, was approved on
martial law in 1972, just before the end of his second and last
January 20, 1899, ushering what is called the First Philippine
term, citing a growing communist insurgency as its justification.
Republic. In the Spanish-American War of 1898, the
He then manipulated an ongoing Constitutional Convention and
revolutionaries sided with the Americans, hoping that, with the
caused the drafting of a new constitution – the 1973
defeat of Spain, independence would be granted by the US to the
Constitution – which allowed him to rule by decree until 1978
Philippines. This, however, did not happen. After Spain ceded (or
when the presidential system of the 1935 Constitution was
sold) the islands to the United States in the Treaty of Paris, the US
replaced with a parliamentary one. Under this new system,
immediately proceeded to brutally suppress the Philippine
Marcos held on to power and continued to govern by decree,
independence movement.
suppressing democratic institutions and restricting civil freedoms.
In 1916, the US passed the Jones Act which specified that In 1981, martial law was officially lifted, but Marcos continued to
independence would only be granted upon the formation of a rule by the expedient of being “re-elected” in a farce of an
stable democratic government modelled on the American model, election to a new 6-year term. He continued to suppress dissent
not the French model as the previous constitution had been. The and thousands of vocal objectors to his rule either mysteriously
US approved a ten-year transition plan in 1934 and drafted a disappeared or were incarcerated. Despite economic decline,
new constitution in 1935. World War II and the Japanese corruption allowed Marcos and his wife Imelda to live
invasion on December 8, 1941, however, interrupted that plan.
extravagantly, causing resentment domestically and criticism seeks to maintain the constitution's relevance and effectiveness
internationally. in governing and protecting rights in a dynamic society.

Aquino began her term by repealing many of the Marcos-era d. How to construe language of the constitution (p.
regulations that had repressed the people for so long. In March, 584)
she issued a unilateral proclamation establishing a provisional
constitution. This constitution gave the President broad powers 1. Historical Context: Understanding the historical
and great authority, but Aquino promised to use them only to background and the context in which the constitution was
restore democracy under a new constitution. This new framed is crucial. This involves examining the intentions
constitution was drafted in 133 days by an appointed of the framers, the political climate at the time of its
Constitutional Commission of 48 members and ratified by the drafting, and the socio-economic conditions that
people in a plebiscite held on February 2, 1987. It was largely influenced its provisions.
modelled on the American Constitution which had so greatly 2. Literal Interpretation: This approach involves giving the
influenced the 1935 Constitution, but it also incorporated Roman, words of the constitution their plain, ordinary meaning. If
Spanish, and Anglo law. the language is clear and unambiguous, it should be
interpreted according to its straightforward meaning.
The 1987 Constitution established a representative democracy 3. Intent of the Framers: When the language is ambiguous or
with power divided among three separate and independent unclear, it's important to consider the intent of the
branches of government: the Executive, a bicameral Legislature, framers. This may involve looking at debates, discussions,
and the Judiciary. There were three independent constitutional and other documents from the time of the constitution’s
commissions as well: the Commission on Audit, the Civil Service drafting to understand the goals and purposes behind
Commission, and the Commission on Elections. Integrated into specific provisions.
the Constitution was a full Bill of Rights, which guaranteed 4. Judicial Precedents: Previous judicial decisions interpreting
fundamental civil and and political rights, and it provided for free, constitutional provisions can offer valuable guidance.
fair, and periodic elections. In comparison with the weak Courts’ interpretations help to understand how certain
document that had given Marcos a legal fiction behind which to phrases and concepts have been applied in practice.
hide, this Constitution seemed ideal to many Filipinos emerging 5. Purpose and Spirit: Beyond literal meanings, interpreting
from 20 years of political repression and oppression. the constitution should also consider the underlying
c. Purpose of constitutional construction (p. 583) purpose and spirit of its provisions. This approach focuses
on achieving the broader objectives and values the
Constitutional construction involves a detailed analysis of the constitution seeks to promote, such as justice, equality,
constitution’s provisions, considering historical context, judicial and democracy.
interpretations, and evolving societal norms. This process helps 6. Adaptability: Recognizing that the constitution must adapt
to clarify ambiguities, resolve conflicts, and guide the application to contemporary issues and evolving societal norms is
of constitutional principles in practical situations. Essentially, it also important. This means interpreting the language in a
way that allows the constitution to address modern
 challenges while staying true to its foundational relationship to other parts of the constitution. This helps ensure
principles. that interpretations are consistent and coherent within the entire
constitutional framework.
e. Aids to construction (p. 588)
8. Evolving Standards: Recognizing that societal norms and
1. Historical Context: Examining the historical background values change over time. Constitutional interpretation should be
and the context in which the constitution was adopted. This adaptable to contemporary issues and evolving standards,
includes understanding the political, social, and economic ensuring that the constitution remains relevant and effective.
conditions of the time, as well as the intentions and motivations
of the framers. f. Constitution construed as a whole

2. Intent of the Framers: Looking into the debates, discussions, Interpreting the Constitution in its entirety rather than isolating
and records from the time when the constitution was drafted. specific provisions or clauses. This approach ensures that all
These can provide insights into the purposes and objectives that parts of the Constitution are harmonized and that its overall
the framers intended to achieve with specific provisions. purpose and intent are respected. The importance of considering
the context and relationship between different sections to
3. Precedents and Judicial Interpretations: Referring to achieve a coherent and unified understanding of the
previous judicial decisions and interpretations of constitutional Constitution's principles and provisions. This holistic
provisions. The way courts have previously understood and interpretation helps avoid contradictions and ensures that the
applied constitutional language can guide current interpretations. Constitution functions as a comprehensive legal framework.

4. Literal Meaning: Considering the plain and ordinary meaning g. Rules on Statutory Construction for the Constitution
of the words used in the constitution. If the language is clear and (p. 105)
unambiguous, it should be interpreted according to its
straightforward meaning. 1. Plain Meaning Rule: Words should be given their
ordinary meaning unless the context suggests otherwise.
5. Purpose and Spirit: Interpreting the constitution in a manner If the language of the Constitution is clear and
that aligns with its overall purpose and the spirit behind its unambiguous, there is no need for further interpretation.
provisions. This involves understanding the broader goals and 2. Intention of the Framers: The intent of the
values that the constitution aims to promote. Constitution's framers should guide its interpretation.
6. Comparative Analysis: Looking at how similar provisions are Historical context, debates, and writings from the time of
interpreted in other jurisdictions, especially those with similar drafting can provide insight into the framers' intentions.
legal systems or historical contexts. This can offer additional 3. Harmonization: Provisions of the Constitution should be
perspectives on the interpretation of constitutional language. read in harmony with one another. Conflicts should be
resolved in a way that gives effect to all provisions and
7. Contextual Interpretation: Considering the constitution as a maintains the document's overall coherence.
whole and interpreting individual provisions in light of their
 4. Whole Instrument Rule: The Constitution should be directly applied by the courts without the need for additional
interpreted as a whole, with no provision considered in laws.
isolation. Each part should be considered in the context of
the entire document. However, some constitutional provisions are not self-executing
5. Liberal Construction: The Constitution should be and require enabling legislation to be implemented. These
interpreted liberally to fulfill its broad objectives and provisions typically outline general principles or guidelines that
purposes, especially when dealing with fundamental need to be fleshed out through detailed laws enacted by the
rights and principles. legislature.
6. Avoidance of Absurdity: Interpretations that lead to To determine whether a provision is self-executing depends on
absurd or unreasonable outcomes should be avoided. The the language of the provision, its nature, and the intent of the
Constitution should be construed in a way that makes framers. If the provision is clear, definite, and provides a
sense and serves justice. sufficient rule for its enforcement, it is likely to be self-executing.
7. Presumption of Constitutionality: Laws and actions of Conversely, if the provision is intended to serve as a directive to
the government are presumed to be constitutional unless the legislature or lacks sufficient detail for direct application, it is
clearly proven otherwise. This principle supports stability not self-executing and requires legislative action to be effective.
and continuity in governance
II
h. In case of conflict between the Constitution
and a statute, which prevails? a. Definition of Law (p. 1)
In case of a conflict between the Constitution and a statute, the
a set of rules and principles established by competent authority
Constitution prevails. This principle is grounded in the notion that
to regulate human behavior and maintain order within a society.
the Constitution is the supreme law of the land, and any law or Law is created and enforced by the state to ensure justice,
statute that is inconsistent with it is deemed invalid. It is stability, and the common good. Agpalo emphasizes several key
emphasized that the supremacy of the Constitution ensures that characteristics of law:
it functions as the fundamental legal framework within which all
other laws must operate. Therefore, any statute that contradicts b. Rule of Conduct: Law serves as a guideline for behavior,
the Constitution must be struck down or amended to align with specifying what is permissible and what is prohibited.
constitutional provisions. c. Enforced by Authority: Law is established and enforced
by a legitimate authority, such as the government, to
ensure compliance.
i. Provisions of the Constitution self-executing? d. Purpose: The primary purpose of law is to maintain
order, protect rights, and promote justice within society.
Not all provisions of the Constitution are self-executing. Self- e. Sanctions: Law is accompanied by sanctions or penalties
executing provisions are those that are complete in themselves for those who violate its provisions, ensuring adherence to
and do not require further legislation to be enforced. They can be its rules.
 b. Classification of Law includes treaties, conventions, and customary
international law.
1. Public Law vs. Private Law:
o Municipal Law: Governs the internal affairs of a
o Public Law: Governs the relationship between
state. It includes national laws enacted by the
individuals and the state. It includes constitutional legislature of a country.
law, administrative law, and criminal law.
5. Constitutional Law:
o Private Law: Governs the relationships between
private individuals or entities. It includes civil law, o Deals with the fundamental principles and
commercial law, and family law. structures of a state, including the organization
and function of government, the distribution of
2. Substantive Law vs. Procedural Law: powers, and the rights of individuals.
o Substantive Law: Defines the rights and duties of 6. Administrative Law:
individuals and collective bodies. It includes laws
that establish legal relationships and prescribe o Governs the activities of administrative agencies of
legal duties. government. It includes rules, regulations, and
decisions made by administrative bodies.
o Procedural Law: Provides the methods and
procedures for enforcing substantive law. It These classifications help organize and understand the various
includes rules of court procedures and the process aspects of law, ensuring clarity in legal study and practice.
for legal actions.
c. Source of law
3. Civil Law vs. Criminal Law:
1. Constitution: The supreme law of the land, which provides the
o Civil Law: Deals with disputes between private fundamental principles and framework of the government.
parties. It includes laws related to contracts, torts,
2. Legislation: Statutes or laws passed by the legislative body.
property, and family relations.
3. Administrative Rules and Regulations: Issued by administrative
o Criminal Law: Deals with offenses against the
or executive agencies to implement the statutes.
state or public. It includes laws related to crimes
and punishments. 4. Judicial Decisions: Court rulings that interpret laws and can set
precedents, particularly decisions of the Supreme Court.
4. International Law vs. Municipal Law:
5. Custom: Practices and usages that, through long practice and
o International Law: Governs relations between
acceptance, have acquired the force of law.
sovereign states and international organizations. It
6. International Law: Agreements, treaties, and conventions 2. Temporary Statutes: Have a limited duration and cease
between or among sovereign states which the Philippines to be effective after a certain period or upon the
adheres to. occurrence of a specific event.

7. General Principles of Law: Accepted by the community of According to Application:

nations as supplementary sources of law.
1. Prospective Statutes: Apply to events or actions that
III occur after their enactment.

2. Retroactive Statutes: Apply to events or actions that

a. Definition of statutes (p. 1)
occurred before their enactment.
Statutes is a formal written enactments of legislative authorities
According to Purpose:
that prescribe general rules of conduct. These are laws passed by
a legislative body, such as the Congress or Parliament, and are 1. Substantive Statutes: Define rights and duties, and
designed to regulate behavior within a society by establishing establish legal relationships among individuals.
obligations, prohibitions, or permissions. Statutes form a
significant part of the legal framework, as they provide the 2. Procedural Statutes: Provide the method or process by
detailed and specific rules that govern various aspects of life, which substantive laws are enforced or protected.
complementing the broader principles set out in the Constitution.
According to Coercive Force:
b. Kinds of statutes (coverage, effectivity, application,
1. Mandatory Statutes: Require a specific action or
purpose, coercive force, operation, stage of
prescribe certain conduct.
enactment)
2. Directory Statutes: Provide guidelines or directions, but
According to Coverage:
do not have strict binding force.
1. General Statutes: Apply to the whole country and affect
According to Operation:
all persons or entities within its jurisdiction.
1. Public Statutes: Affect the community at large or public
2. Special Statutes: Apply to a particular place, person, or
interests.
group of persons.
2. Private Statutes: Affect the rights and duties of specific
According to Effectivity:
individuals or entities.
1. Permanent Statutes: Have an indefinite duration and
According to Stage of Enactment:
remain in force until repealed or amended.
1. Original Statutes: The first enactment of a new law.
2. Amendatory Statutes: Modify or change existing 2. Specificity: Statutes provide specific details and
statutes. regulations that implement the general principles set out
in the Constitution.
3. Repealing Statutes: Abrogate or annul existing statutes.
3. Flexibility: Statutes can be more easily amended,
c. Distinction of the Constitution and Statutes repealed, or replaced by the legislative body.

4. Narrow Scope: Statutes typically address specific issues,

Constitution: regulate particular activities, or establish detailed rules for
1. Supremacy: The Constitution is the supreme law of the certain subjects.
land. It is the highest legal authority, and all other laws 5. Implementation: Statutes often require administrative
must conform to it. rules or regulations for their implementation and
2. Foundation: It provides the fundamental framework and enforcement.
principles for government, outlining the structure, powers, 6. Legislative Process: They are created through the
and functions of various branches of government. legislative process, which involves proposal, debate, and
3. Permanence: The Constitution is designed to be a approval by the legislative body.
permanent document, with changes made only through a d. Parts of a statute (Title, Preamble, Enacting
formal amendment process that is often rigorous and Clause, Body, Effectivity Clause, Separability
complex. Clause, Repealing Clause and Interpretative
4. Broad Scope: It addresses broad principles and the Clause) (p. 10)
fundamental rights and freedoms of individuals. 1. Title:
5. Direct Effect: Provisions of the Constitution have direct  Definition: The title is the heading of the statute that
effect and can be enforced by the judiciary without the provides a brief description of its contents.
need for implementing legislation.
 Function: It helps in identifying the statute and gives an
6. Legislative Authority: It delineates the powers and idea of the subject matter covered. The title should be
limitations of legislative, executive, and judicial branches clear and concise to reflect the law’s purpose.
of government.
2. Preamble:
Statutes:
 Definition: The preamble is an introductory statement
1. Subordination: Statutes are subordinate to the that explains the reasons and objectives behind the
Constitution and must align with its provisions. If a statute enactment of the statute.
is found to be in conflict with the Constitution, it can be
declared invalid.
 Function: It provides context and can be used to aid in 6. Separability Clause:
the interpretation of the statute, especially in
understanding the legislative intent.  Definition: The separability clause ensures that if one
part of the statute is found to be invalid or
3. Enacting Clause: unconstitutional, the remaining parts will continue to be in
effect.
 Definition: The enacting clause is a formal statement
that indicates the authority by which the statute is  Function: It prevents the entire statute from being
enacted. invalidated due to the illegality of a specific provision,
thereby preserving the intent of the legislature as much
 Function: It signifies that the statute has been duly as possible.
passed by the legislative body and is now law. In the
Philippines, the enacting clause typically reads, "Be it 7. Repealing Clause:
enacted by the Senate and House of Representatives of
the Philippines in Congress assembled."  Definition: The repealing clause specifies which existing
laws or parts of laws are repealed or modified by the new
4. Purview/ Body: statute.

 Definition: The body is the main part of the statute that  Function: It provides clarity on the status of previous
contains its substantive provisions. laws and ensures that there are no conflicts between the
new statute and existing legislation.
 Function: It sets out the specific rules, regulations, rights,
and obligations established by the law. The body of the 8. Interpretative Clause:
statute is divided into sections, paragraphs, or articles for
clarity and organization.  Definition: The interpretative clause provides guidelines
on how the provisions of the statute should be
5. Effectivity Clause: interpreted.

 Definition: The effectivity clause specifies when the  Function: It aids in the consistent application of the law
statute will come into force. by providing specific definitions or clarifying ambiguous
terms and phrases used within the statute.
 Function: It ensures that there is a clear and definitive
date for the law’s application, allowing for proper e. Requirements for the publication of statutes
preparation and compliance by those affected. The clause
often states a period after which the statute becomes 1. Official Gazette or Newspaper of General Circulation:
effective, such as "This Act shall take effect fifteen (15) Statutes must be published either in the Official Gazette
days after its publication in the Official Gazette or in a or in a newspaper of general circulation. The Official
newspaper of general circulation." Gazette is the official journal of the Republic of the
Philippines, where government documents, including laws,
 are published. A newspaper of general circulation is one law that conflicts with the Constitution is considered
that is widely available and accessible to the public. invalid.
2. Timing of Publication: The statute becomes effective only  Bill of Rights Adherence: Statutes must respect and
after a specified period from its publication. This period is uphold the fundamental rights and freedoms guaranteed
typically defined within the statute itself, often stating by the Constitution’s Bill of Rights.
that the law will take effect a certain number of days after 2. Proper Enactment:
publication. A common period specified is fifteen (15)  Legislative Authority: The statute must be enacted by a
days. duly constituted legislative body with the authority to pass
3. Accessibility: The publication must ensure that the statute laws.
is accessible to the general public. This means the  Procedural Regularity: The legislative process must follow
publication must be made in a manner that allows the the prescribed procedures, including proper voting,
public to become aware of and understand the law. The signing by the presiding officers, and approval by the
use of clear language and comprehensive dissemination executive (if required).
through widely read media ensures this accessibility. 3. Clarity and Definiteness:
4. Completeness: The publication must include the full text  Clear Language: The statute should be written in clear
of the statute. Partial or incomplete publication does not and precise language to avoid ambiguity and ensure that
meet the requirement, as it could lead to it can be understood and applied correctly.
misunderstandings or incomplete knowledge of the law.  Definiteness: The provisions of the statute must be
5. Proper Documentation: The publication should be specific enough to provide clear guidelines for behavior
documented and verifiable. This documentation serves as and decision-making.
proof that the law has been duly published and the public 4. Publication:
has been notified.  Proper Publication: The statute must be published in the
These requirements ensure that there is adequate notice Official Gazette or a newspaper of general circulation to
to the public about new laws, allowing individuals and inform the public. It becomes effective only after a
entities to comply with legal obligations and exercise their specified period post-publication, usually stated in the
rights accordingly. The principle behind these statute itself.
requirements is to uphold transparency and ensure that 5. Non-Retroactivity:
laws are not enforced without proper notification to those  Prospective Application: Generally, statutes should apply
who are governed by them. only to future actions and events. Retroactive application
is allowed only if explicitly stated and if it does not violate
f. Validity of the Statutes constitutional rights.
6. Public Policy and Morality:
1. Constitutional Compliance:  Public Policy: A statute must not contravene established
 Conformity with the Constitution: A statute must align public policy or principles of justice and fairness.
with the principles and provisions of the Constitution. Any  Morality: It must adhere to the prevailing moral standards
of the community it governs.
 7. Reasonableness:  Procedural Due Process: The statute must provide fair
 Rational Basis: The statute must have a rational basis and procedures for enforcement and adjudication, ensuring
should not be arbitrary or oppressive. It should serve a that individuals have the opportunity to be heard and
legitimate government interest and be reasonably related defend their rights.
to achieving that interest. 4. Doctrine of Overbreadth:
8. Legislative Intent:  Precision: The statute must be specific and precise in its
 Legislative Intent: The purpose and intent behind the terms and application. It should not be so broad that it
statute must be clear and should guide its interpretation encompasses or prohibits activities that are
and application. constitutionally protected.
These criteria ensure that statutes are not only legally 5. Void-for-Vagueness Doctrine:
sound but also fair, clear, and just, providing a reliable  Clarity: The statute must be clear and definite so that
and predictable legal framework for governance and individuals can understand what is prohibited or required.
society. A vague law that fails to provide clear guidance can be
struck down as unconstitutional.
g. Test of Constitutionality 6. Bill of Attainder and Ex Post Facto Laws:
 Prohibition: The statute must not be a bill of attainder (a
1. Doctrine of Separation of Powers: law that punishes specific individuals or groups without a
 Legislative Authority: A statute must be within the trial) or an ex post facto law (a law that retroactively
legislative power granted by the Constitution. It should changes the legal consequences of actions that were
not encroach on the powers of the executive or judiciary. committed before the enactment of the law).
 Checks and Balances: The statute should respect the 7. Freedom of Speech and Expression:
system of checks and balances, ensuring no branch of  Non-Infringement: The statute must not infringe upon the
government oversteps its constitutional limits. freedom of speech, expression, and the press. Any
2. Doctrine of Equal Protection: restrictions must be narrowly tailored to serve a
 Equality Before the Law: The statute must apply equally to compelling state interest and must be the least restrictive
all persons under similar circumstances and conditions. It means to achieve that interest.
should not create arbitrary classifications or discrimination 8. Freedom of Religion:
without a reasonable basis.  Non-Establishment and Free Exercise: The statute must
 Reasonable Classification: Any classification made by the not violate the principles of non-establishment (prohibiting
statute must be reasonable, relevant to the purpose of the the government from establishing a religion) and free
law, and not arbitrary. exercise (protecting individuals' rights to practice their
3. Due Process of Law: religion freely).
 Substantive Due Process: The statute must be fair, 9. Public Purpose and Public Welfare:
reasonable, and just. It should not violate fundamental  Legitimate State Interest: The statute must serve a
rights or liberties guaranteed by the Constitution. legitimate public purpose or welfare. Laws enacted for
 arbitrary or private interests are likely to be deemed 2. Effect of a Declaration of Unconstitutionality:
unconstitutional.  Void Ab Initio: If a statute is declared unconstitutional, it is
10. Non-Delegation Doctrine: considered void from the outset (ab initio). This means
 Delegation of Legislative Power: The statute must not that it is treated as if it never existed and has no legal
improperly delegate legislative power to other branches of effect.
government or entities without clear standards and  Non-Enforcement: Courts and other government agencies
guidelines. must cease to enforce the unconstitutional statute. Any
These tests ensure that statutes adhere to constitutional actions taken under the statute are invalidated.
mandates, protecting individual rights and maintaining  Prospective Application: Generally, a declaration of
the proper functioning and balance of governmental unconstitutionality applies prospectively. Past actions
powers. taken under the statute may not always be subject to
reversal unless the court explicitly states otherwise.
These tests ensure that statutes adhere to constitutional 3. Partial Unconstitutionality:
mandates, protecting individual rights and maintaining  Severability: If only specific provisions of a statute are
the proper functioning and balance of governmental found unconstitutional, and these provisions can be
powers. severed from the rest of the statute, the remaining
provisions may continue to be valid and enforceable.
h. Effect of Constitutionality  Non-Severability: If the unconstitutional provisions are
integral to the statute’s overall purpose and cannot be
The effects of constitutionality on statutes, focusing on separated, the entire statute may be declared void.
what happens when a statute is found to be either 4. Judicial Review:
constitutional or unconstitutional. These effects are crucial  Final Authority: Courts have the final authority to interpret
for understanding the implications of judicial review and the Constitution and determine the constitutionality of
the application of laws. statutes. Their decisions on these matters are binding.
 Interpretative Guidance: Courts often provide
interpretative guidance when declaring a statute
unconstitutional, suggesting how future legislation can be
1. Presumption of Constitutionality: framed to comply with constitutional standards.
 Initial Validity: Every statute is presumed to be 5. Impact on Rights and Duties:
constitutional when it is enacted. Courts generally uphold  Restoration of Rights: Individuals whose rights were
this presumption unless there is a clear and convincing infringed by an unconstitutional statute may seek relief
reason to declare otherwise. and restoration of their rights through the courts.
 Burden of Proof: The burden of proving a statute’s  Termination of Duties: Obligations imposed by an
unconstitutionality lies with the party challenging the law. unconstitutional statute are terminated. Individuals and
They must demonstrate that the statute violates a specific entities are no longer required to comply with such duties.
constitutional provision. 6. Legislative Response:
 Amendment or Reenactment: The legislature may respond  Definition: These are bills that propose new laws or
to a declaration of unconstitutionality by amending the amendments to existing laws. They deal with general
statute to address the constitutional issues or by enacting matters and do not have special urgency or significance.
new legislation that complies with constitutional  Process: They follow the standard legislative process for
requirements. enactment.
7. Public Awareness and Confidence: 2. Private Bills:
 Public Trust: Upholding constitutional principles through  Definition: These bills are intended to affect only a
judicial review enhances public trust and confidence in the specific individual or a particular group or locality, rather
legal system. than the public at large.
 Legal Certainty: Determinations of constitutionality  Purpose: They might be used to grant specific privileges
provide legal certainty and clarity, ensuring that or exemptions to individuals or entities.
individuals and entities understand their rights and 3. Public Bills:
obligations under the law.  Definition: These bills address issues of general public
These effects emphasize the importance of constitutional concern and affect the entire community or a broad
compliance in legislative processes and the role of the segment of the population.
judiciary in safeguarding constitutional governance.  Purpose: They deal with policies, regulations, and laws
that impact the public at large.
IV 4. Appropriations Bills:
 Definition: These bills provide for the allocation of
government funds for specific purposes, such as operating
a. Definition of a Bill
expenses, projects, or programs.
A bill is defined as a proposed legislation that is  Purpose: They outline the financial provisions and
introduced into a legislative body for consideration and budgetary allocations required for government operations
approval. It is a draft of a law that must go through a and initiatives.
specified legislative process, including debate, 5. Revenues Bills:
amendment, and voting, before it can become law. The  Definition: These bills are concerned with the imposition
process typically involves several stages, including of taxes, duties, or other revenue-generating measures.
introduction, committee review, debate, and final approval  Purpose: They aim to generate funds for government
by the legislative body, and, in many systems, it also expenditure and fiscal management.
requires the signature of the executive (e.g., the President 6. Enabling Bills:
or Governor) to be enacted into law.  Definition: These bills provide the authority for the
implementation of specific provisions or the establishment
b. Kinds of Bills of new agencies, programs, or policies.
 Purpose: They grant the necessary powers or resources
1. Ordinary Bills: to execute and enforce new laws.
7. Constitutional Bills:
 Definition: These bills propose amendments to the debate, and voting. The other chamber may also
Constitution or introduce new constitutional provisions. amend the bill.
 Purpose: They are used to make changes to the 6. Conference Committee (if necessary): If there
fundamental law of the land and require a more rigorous are differences between the versions passed by the
process for approval. two chambers, a conference committee may be
8. Emergency Bills: formed to reconcile these differences and draft a final
 Definition: These bills address urgent and immediate version.
issues requiring prompt legislative action. 7. Final Approval: Both chambers must agree on the
 Purpose: They are fast-tracked through the legislative final version of the bill. Once both chambers approve
process due to their urgency. it, the bill is sent to the President for signing.
Each type of bill serves a specific function within the 8. Presidential Action: The President can either sign
legislative process and addresses different aspects of the bill into law or veto it. If vetoed, the bill is returned
governance and public policy. to the Congress with the President’s objections.
Congress can override the veto with a two-thirds vote
c. Process for the enactment/ passage of a in both chambers.
bill (Sec. 26 (2) Article VI of the 1987 9. Publication: Once signed by the President, the bill
Constitution) becomes a law and is published in the Official Gazette
or a newspaper of general circulation
1. Introduction of the Bill: A bill can be introduced by
a member of either the House of Representatives or d. Veto power of the President (Sec. 27 (1),
the Senate. This bill is then referred to the appropriate Article VI 1987 Constitution
committee for examination and report.
2. Committee Action: The committee reviews the bill Every bill passed by the Congress shall, before it becomes
and may hold hearings to gather additional a law, be presented to the President. If he approves the
information or testimonies. The committee then votes same he shall sign it; otherwise, he shall veto it and return
on whether to report the bill favorably, unfavorably, or the same with his objections to the House where it
with amendments. originated, which shall enter the objections at large in its
3. Debate in the Chamber: If reported favorably, the Journal and proceed to reconsider it. If, after such
bill is scheduled for debate on the floor of the chamber reconsideration, two-thirds of all the Members of such
where it was introduced. Members discuss the bill and House shall agree to pass the bill, it shall be sent,
together with the objections, to the other House by which
propose amendments.
it shall likewise be reconsidered, and if approved by two-
4. Voting: After debate and amendments, the bill is put thirds of all the Members of that House, it shall become a
to a vote. If passed, it moves to the other chamber law. In all such cases, the votes of each House shall be
(House or Senate) for consideration. determined by yeas or nays, and the names of the
5. Consideration in the Other Chamber: The process Members voting for or against shall be entered in its
is repeated in the other chamber: committee review,
 Journal. The President shall communicate his veto of any The enrolled bill doctrine holds that once a bill is enrolled,
bill to the House where it originated within thirty days meaning it has gone through all the legislative procedures
after the date of receipt thereof, otherwise, it shall and has been signed by the leaders of both houses, it is
become a law as if he had signed it. conclusively presumed to have been properly passed. The
courts typically do not look behind the enrolled bill to
 Presidential Review: After a bill has been approved by question the legislative process. This principle upholds the
both the House of Representatives and the Senate, it is integrity and finality of the legislative process and
presented to the President for review. prevents judicial interference in the legislative
 Veto Decision: The President has the power to veto the proceedings.
bill. The Constitution provides the President a period of
thirty days to review and decide whether to sign the bill f. Conclusiveness of Entries in the Legislative Journal
into law or to veto it. If the President decides to veto the
bill, it must be returned to the house where it originated, The principle of conclusiveness of entries in the legislative
along with a message stating the reasons for the veto. journal means that the official records of the proceedings
 Override of Veto: Upon receiving the vetoed bill and the of each house of Congress, as documented in their
President's objections, Congress may reconsider the bill. If respective journals, are deemed to be accurate and
two-thirds of all the members of each house agree to pass authoritative. This principle has several implications:
the bill, it becomes law despite the President's veto.
 Pocket Veto: If the President does not act on the bill 1. Finality of Record: The entries in the legislative journal
within thirty days from the date of receipt, it becomes law are considered final and conclusive evidence of what
as if the President had signed it, thus preventing a transpired during the legislative sessions. Courts generally
"pocket veto" where the President could prevent a bill accept these entries as incontrovertible proof of
from becoming law simply by ignoring it. legislative actions and decisions.
2. Judicial Deference: The courts typically defer to the
The veto power is a critical check and balance in the entries in the legislative journal and do not question or
legislative process, enabling the President to prevent the invalidate them. This ensures respect for the autonomy of
enactment of legislation deemed unsuitable or harmful the legislative branch and prevents judicial interference in
while still allowing Congress the opportunity to override legislative matters.
the veto if there is sufficient consensus. 3. Integrity of the Legislative Process: The
conclusiveness of the legislative journal reinforces the
e. Definition of Enrolled Bill (p. 28) integrity of the legislative process by providing a reliable
and authoritative record of legislative proceedings. This
Defined as the final version of a bill that has been duly principle helps maintain a clear and accurate historical
approved by both the House of Representatives and the record of the actions taken by the legislature.
Senate and subsequently authenticated by the proper 4. Limitation on Challenges: Since the entries are
officers of each house. This version is then presented to considered conclusive, it limits the grounds on which
the President for their approval or veto. legislative actions can be challenged in court. Any attempt
to dispute the validity of a legislative act based on
 procedural grounds would require clear and convincing Presidential Issuances are essential instruments for the
evidence that the journal itself is inaccurate, which is a President to exercise executive power effectively and
difficult standard to meet. ensure the efficient administration of government affairs.
They must comply with the Constitution and existing laws
This principle upholds the separation of powers by and are subject to judicial review if challenged
ensuring that the legislative branch's records and actions
are respected and given due weight in legal and b. Kinds of presidential issuances (executive
constitutional matters. orders, administrative orders, proclamations,
memorandum orders, memorandum circulars,
general or special orders)
V
1. Executive Orders (EO): These are directives issued by the
a. Definition of Presidential Issuances President to manage the operations of the government.
b. Executive Orders typically implement or interpret laws,
 Executive Orders (EO): These are directives issued by direct the operation of government agencies, or manage
the President to manage operations within the executive resources and policies.
branch of government. They are often used to implement 2. Administrative Orders (AO): Administrative Orders are
or interpret existing laws or policies. issued to direct the proper administration of the
 Administrative Orders (AO): These orders are issued to government, particularly focusing on the internal
provide guidelines on the internal administration of the management of executive branch agencies. They provide
executive branch, including matters related to the instructions and guidelines on administrative matters.
functioning and organization of government agencies. 3. Proclamations: Proclamations are formal declarations by
 Proclamations: These are formal declarations made by the President concerning matters of public interest. These
the President that may deal with matters of public interest may include declaring a state of emergency, national
or concern, such as declaring holidays, periods of holidays, or other significant events and recognitions.
mourning, or states of emergency. 4. Memorandum Orders: These orders are issued to address
 Memorandum Orders: These are issued to direct the specific issues or directives that require immediate
implementation of specific policies or to address attention or action. They often provide instructions on
administrative matters within the executive branch. implementing policies or addressing particular situations
 Memorandum Circulars: These circulars provide within the executive branch.
instructions or information on particular subjects to 5. Memorandum Circulars: Memorandum Circulars are used
government officials and employees, often aimed at to disseminate information, policies, or instructions to
ensuring uniformity in the implementation of policies. government officials and employees. They aim to ensure
 General or Special Orders: These are issued to address uniformity and consistency in the implementation of
specific situations or to assign particular tasks to policies across various government agencies.
government officials or agencies. 6. General or Special Orders: General Orders are broad
directives that apply to a wide range of issues or
situations, while Special Orders are specific directives
 targeting particular issues or tasks. These orders are often also ensures that individuals and entities affected by
used to assign duties, responsibilities, or to address these issuances are adequately informed and have the
unique circumstances within the executive branch. opportunity to comply with them

These issuances are essential tools for the President to VI

execute laws, manage the executive branch, and address
various administrative and policy issues effectively. They
must be consistent with the Constitution and existing a. Definition of Administrative Rules and
laws, and they may be subject to judicial review if their Regulations
legality is challenged.
Administrative Rules and Regulations are directives issued
c. Requirements for the publication of by administrative agencies that have the force of law.
Presidential issuances/ takes effect These rules and regulations are intended to carry out the
purposes and implement the provisions of statutes that
the agencies are tasked with enforcing. They are essential
1. Publication in the Official Gazette: Presidential Issuances
for the detailed administration and execution of laws
must be published in the Official Gazette, which is the
passed by the legislative body.
official journal of the Republic of the Philippines. This
ensures that the public is informed about the directives
and orders issued by the President. Key aspects of Administrative Rules and Regulations
2. Alternative Publication: If not published in the Official include:
Gazette, the issuance must be published in a newspaper
of general circulation. This alternative ensures that even if 1. Delegated Legislation: These rules and regulations are a
the Official Gazette is not used, the public can still access form of delegated legislation, meaning they are created
the information through widely available media. by administrative agencies under the authority granted to
3. Effectivity Clause: The Presidential Issuance should them by the legislature. This allows for specialized and
specify its own effectivity date. If no specific date is technical matters to be regulated by experts in the
provided, the issuance typically takes effect fifteen (15) respective fields.
days after its publication in the Official Gazette or a 2. Implementation of Statutes: The primary purpose of
newspaper of general circulation, unless otherwise stated. administrative rules and regulations is to implement,
4. Compliance with Legal Requirements: The publication interpret, and provide detailed procedures for the
must comply with any additional legal requirements that enforcement of statutory laws. They fill in the gaps and
may be stipulated by law or relevant regulations. details that the legislature may not have covered
explicitly.
Agpalo emphasizes that these requirements ensure that 3. Binding Force: Once properly promulgated, administrative
Presidential Issuances are effectively communicated to rules and regulations have the force and effect of law.
the public, thus upholding the principles of transparency They are binding on the public and the entities regulated
and accountability in government actions. This process by them.
4. Procedural Requirements: The promulgation of these rules o Nature: These rules govern the internal processes
and regulations usually follows specific procedural of an agency.
requirements, including notice, public comment, and o Purpose: They outline how the agency operates,
publication. This ensures transparency and allows for including procedures for hearings, decision-
public participation in the rule-making process. making, and enforcement.
5. Judicial Review: Administrative rules and regulations are o Process: Typically follow internal agency
subject to judicial review. Courts can evaluate whether protocols, may not require public notice or
the agency has acted within the scope of its authority and comment.
whether the rules are consistent with the enabling 4. Policy Statements:
statutes and the Constitution. o Nature: These are announcements of an agency's
intended course of action or approach to a certain
Administrative rules and regulations play a crucial role in issue.
the governance framework by ensuring that laws are o Purpose: They provide guidance on how the
implemented effectively and efficiently, with due regard to agency plans to exercise its discretion in future
the technical and specialized nature of the regulatory cases.
issues at hand. o Process: Generally do not require formal
procedures and do not have the force of law.
b. Types of Rules and Regulations 5. Guidelines:
o Nature: These are detailed instructions or criteria
Administrative rules and regulations can be categorized for specific situations.
based on their nature, purpose, and the process by which o Purpose: They ensure consistent application of
they are created. Here are the types as outlined by rules and regulations.
Agpalo: o Process: Do not have the force of law and
typically do not require formal procedures.
1. Legislative Rules: 6. General Orders:
o Nature: These rules have the force of law. o Nature: These are directives that apply broadly
o Purpose: They implement statutory provisions. within the regulated community.
o Process: Must follow formal rule-making o Purpose: They address widespread issues or
procedures, including notice, public comment, and implement policy changes.
publication. o Process: Issued following procedures that may
2. Interpretative Rules: include public notice and comment.
o Nature: These rules do not have the force of law. 7. Special Orders:
o Purpose: They clarify or explain existing statutes o Nature: These are directives that apply to specific
or legislative rules. individuals, entities, or situations.
o Process: Do not require formal rule-making o Purpose: They address particular cases or unique
procedures like notice and comment. circumstances requiring tailored intervention.
3. Procedural Rules:
 o Process: Issued as needed, may not require transparency and public participation in the rule-
formal rule-making procedures. making process.
o Hearings: In some cases, holding public hearings
These types of rules and regulations are essential for the to gather input and feedback on the proposed
effective functioning of administrative agencies, enabling rules.
them to implement laws, guide their operations, and o Consideration of Comments: The agency must
provide clarity and predictability in their regulatory consider the comments and feedback received
activities. from the public and make necessary adjustments
to the proposed rules based on this input.
c. Requirement for validity 6. Publication of Final Rules: After considering public
comments and making any necessary revisions, the final
rules must be published. This final publication is essential
1. Authority: The administrative agency must have the
for the rules to take effect.
legal authority to issue the rules and regulations. This
7. Clarity: The rules and regulations must be clear and
authority is typically granted by a statute, which
unambiguous. They should be written in a manner that
delegates specific powers to the agency. The rules must
can be easily understood by those who are subject to
be within the scope of the agency’s delegated powers.
them.
2. Consistency with Enabling Law: The rules and
8. Consistency with the Constitution: The rules and
regulations must be consistent with the enabling statute
regulations must comply with constitutional principles and
that grants the agency its rule-making authority. They
guarantees. They should not violate any constitutional
should not exceed or contradict the provisions of the law
rights or principles.
they are meant to implement.
3. Reasonableness: The rules and regulations must be
reasonable. They should not be arbitrary, capricious, or These requirements ensure that administrative rules and
discriminatory. They must be based on a rational regulations are created and implemented in a manner
connection between the facts found and the choice made. that is lawful, transparent, and fair, thereby upholding the
4. Publication: The rules and regulations must be properly integrity of the administrative process
published. This typically means they must be published in
the Official Gazette or a newspaper of general circulation, d. Requisites of a valid executive order or any
as required by law. Proper publication ensures that the administrative rules
public is informed about the new rules and can comply
with them. 1. Authority:
5. Procedural Requirements: The agency must follow the o The issuance must be within the authority granted
procedural requirements for rule-making as specified by to the President or the administrative agency by
law. This often includes: the Constitution or statutory law. It should not
o Notice and Comment: Providing public notice of exceed the powers delegated by the enabling
the proposed rules and allowing for a period of statute or the constitution.
public comment. This process ensures 2. Consistency with Enabling Law:
 o The executive order or administrative rule must be o If the rule-making process involves a draft or
consistent with and implement the provisions of proposed version, the final version must also be
the enabling statute. It should not contradict or published to ensure that the public is informed of
exceed the scope of the law it is intended to the exact terms of the rule that will be enforced.
execute.
3. Reasonableness: These requisites ensure that executive orders and
o The directive must be reasonable and not arbitrary administrative rules are created and implemented in a
or capricious. It should be based on rational manner that is lawful, transparent, and fair, thereby
grounds and appropriate to the objectives it seeks upholding the rule of law and ensuring effective
to achieve. governance.
4. Publication:
o The executive order or administrative rule must be e. Distinction between Administrative Rules
published in the Official Gazette or a newspaper of and Interpretation
general circulation to inform the public and ensure
transparency. Publication is generally required for
Nature:
the rule to take effect.
5. Procedural Requirements:
o The issuance must comply with any procedural o Administrative Rules: These are formal
requirements set forth by law. This may include: directives issued by administrative agencies under
 Notice and Comment: Providing notice of the authority granted by legislation. They have the
the proposed rule and allowing for public force of law and are designed to implement,
comment. interpret, or provide details on statutory
 Hearings: Conducting public hearings if provisions.
required. o Interpretations: These are explanations or
 Review of Comments: Considering clarifications provided by an agency on how it
feedback from the public and making understands or applies statutory or regulatory
adjustments as necessary. provisions. They do not have the force of law but
6. Clarity and Specificity: guide how the agency will interpret and enforce
o The executive order or administrative rule must be the law.
clear, specific, and unambiguous. It should be
written in a manner that can be easily understood Purpose:
by those affected by it.
7. Constitutional Compliance: o Administrative Rules: The purpose is to establish
o The issuance must comply with constitutional detailed procedures, standards, and requirements
principles and rights. It should not violate necessary for the implementation of statutes. They
constitutional guarantees or exceed constitutional regulate conduct and have binding effects on the
limits. public.
8. Publication of Final Rules:
 o Interpretations: The purpose is to provide the o Interpretations: Often apply to specific cases or
agency’s understanding of how laws or rules situations and provide guidance on the application
should be applied. They help clarify ambiguous or of existing rules or statutes. They are more
complex provisions but are not intended to create focused on explaining how rules should be applied
new obligations. in particular circumstances.

Legal Effect: These distinctions highlight how administrative rules

and interpretations function within the regulatory
o Administrative Rules: These have the force of framework. Administrative rules create enforceable
law once properly promulgated and published. standards, while interpretations offer guidance on the
They are enforceable and can be subject to legal application of existing laws and rules.
sanctions if not followed.
o Interpretations: These do not have the force of f. Requirements for the Publication of Rules
law. They provide guidance on the agency’s stance and Regulations / Takes effect
but do not create binding obligations. They are
often used to assist in understanding how the 1. Publication in the Official Gazette:
agency will apply the rules or statutes. o Requirement: Administrative rules and regulations
must be published in the Official Gazette. This is
Procedural Requirements: the official publication of the government where
new rules and regulations are formally recorded.
o Administrative Rules: Must follow formal rule- o Purpose: Ensures transparency and provides a
making procedures, which typically include notice, formal public record of the regulations.
public comment, and publication. These 2. Alternative Publication:
procedures ensure transparency and public o Requirement: If publication in the Official Gazette
participation. is not feasible, the rules and regulations may
o Interpretations: Generally do not require formal alternatively be published in a newspaper of
rule-making procedures. They can be issued more general circulation.
informally and do not usually involve public notice
o Purpose: Expands accessibility and ensures that
or comment.
the public is informed through widely-read media.
3. Effectivity Clause:
Scope:
o Requirement: The rules and regulations should
specify their effective date. If the document does
o Administrative Rules: Apply broadly to all
not specify a date, the general rule is that it will
entities or individuals within the jurisdiction of the
agency. They set out general regulations and take effect fifteen (15) days after its publication in
standards. the Official Gazette or a newspaper of general
circulation.
 o Purpose: Provides clear information on when the
regulations will become enforceable and allows for Key aspects of an ordinance include:
compliance time. 1. Local Scope: Ordinances are applicable within the
4. Compliance with Procedural Requirements: territorial limits of the local government unit that enacts
o Requirement: The issuance must follow procedural them. They address local issues and needs, such as
requirements such as notice and comment, if zoning, public safety, and local regulations.
required by law. This may involve providing the 2. Legislative Authority: The authority to enact ordinances is
public with notice of proposed rules and allowing granted to local legislative bodies by national legislation
for feedback before finalizing them. or the Constitution. Local councils, such as city councils or
o Purpose: Ensures due process and public municipal boards, have the power to create ordinances
participation in the rule-making process. within their jurisdiction.
5. Clarity and Accessibility: 3. Legal Effect: Ordinances have the force of law within the
o Requirement: The publication must be clear and local jurisdiction. They are binding on residents and
accessible, containing sufficient detail for the businesses operating within the local government's area.
public to understand the regulations. 4. Procedural Requirements: The enactment of ordinances
o Purpose: Ensures that those affected by the usually involves a formal legislative process, including
regulations can effectively comply with them. drafting, public hearings, and approval by the local
Agpalo emphasizes that these requirements are essential legislative body. They must be consistent with national
for the proper implementation and enforcement of laws and the Constitution.
administrative rules and regulations, ensuring that they 5. Publication: For an ordinance to take effect, it generally
are legally effective and that the public is adequately must be published in a local newspaper or other official
informed. publication to ensure that the public is informed of the
new regulations.

b. Test of Valid Ordinance

VII Authority:
a. Definition of ordinance  Requirement: The ordinance must be within the legislative
authority granted to the local government unit by the
An "ordinance" is defined as a local law enacted by a local national legislature or constitution.
legislative body or council, such as a city or municipal  Purpose: Ensures that the local legislative body has the
council. Ordinances are designed to address issues and power to enact the ordinance and that it does not exceed
regulate activities within the jurisdiction of the local or conflict with national laws or constitutional provisions.
government. They are distinct from national laws or
statutes and specifically pertain to local governance. Compliance with Procedural Requirements:
  Requirement: The ordinance must follow the proper  Requirement: The ordinance must be reasonable and not
procedural steps for enactment. This typically includes arbitrary or capricious. It should be based on a rational
drafting, public hearings, and approval by the local basis and aimed at addressing legitimate local concerns.
legislative body.  Purpose: Ensures that the ordinance is fair and just,
 Purpose: Ensures that the ordinance was enacted through serving the public interest rather than being
a transparent and participatory process, providing discriminatory or unreasonable.
opportunities for public input.
c. Kinds of Ordinances (Provincial Ordinance,
Consistency with National Laws and the Constitution: City Ordinance, Municipal Ordinance,
Barangay Ordinance)
 Requirement: The ordinance must be consistent with
 Provincial Ordinance:
existing national laws and the Constitution. It should not a. Enacting Body: Provincial Boards or Sangguniang
contravene or exceed the scope of laws or constitutional Panlalawigan.
provisions. b. Scope: Applies to the entire province. These
 Purpose: Ensures that local ordinances do not conflict with ordinances address issues and regulations that
or undermine higher legal standards. affect the province as a whole, such as provincial
infrastructure, environmental management, and
Clarity and Specificity: health regulations.
c. Purpose: To provide governance and regulation at
 Requirement: The ordinance must be clear and specific in
the provincial level, ensuring consistency across
its terms and provisions. It should be written in a manner
municipalities and cities within the province.
that is understandable and enforceable.  City Ordinance:
 Purpose: Ensures that the ordinance is precise enough to a. Enacting Body: City Councils or Sangguniang
avoid ambiguity and provides clear guidance for Panlungsod.
compliance and enforcement. b. Scope: Applies to the city where it is enacted. City
ordinances cover matters specific to the urban
Publication: area, such as city zoning, traffic regulations, and
 Requirement: The ordinance must be published in a local local business permits.
c. Purpose: To manage and regulate city-specific
newspaper or official publication to inform the public of
issues and ensure effective governance within the
the new regulations.
urban environment.
 Purpose: Ensures that the ordinance is made known to the  Municipal Ordinance:
residents and entities affected by it, allowing them to a. Enacting Body: Municipal Councils or
comply. Sangguniang Bayan.
b. Scope: Applies to the municipality where it is
Reasonableness:
enacted. Municipal ordinances address local
concerns and regulations relevant to smaller, rural
 areas, such as agricultural practices, local markets, provisions of the ordinance are available to the
and community health. public.
c. Purpose: To address the needs and issues of the o Purpose: To provide clear and complete
municipality, providing localized governance and information about the ordinance, allowing for
regulation. proper understanding and compliance.
 Barangay Ordinance:
3. Timing of Publication:
a. Enacting Body: Barangay Councils or
o Requirement: The ordinance should be published
Sangguniang Barangay.
b. Scope: Applies to the barangay or village level. within a specified period after its enactment. This
Barangay ordinances deal with matters affecting timing is crucial for the ordinance to take effect.
the smallest administrative units, such as local o Purpose: To ensure that there is adequate notice to
sanitation, neighborhood watch programs, and the public regarding the new regulations.
minor community regulations. 4. Effectivity Clause:
c. Purpose: To regulate and manage affairs at the o Requirement: The ordinance should include an
grassroots level, addressing specific needs and effectivity clause specifying the date when it will
issues within the barangay. become effective. If no date is specified, the
general rule is that it takes effect fifteen (15) days
These different types of ordinances are crucial for the after publication.
effective functioning of local government units, enabling o Purpose: To provide a clear timeline for when the
them to address specific needs and concerns at various
ordinance will be enforced, allowing affected
levels of governance
parties time to comply.
5. Compliance with Local Laws:
d. Requirements for the Publication of Local
o Requirement: The publication process must comply
Ordinance/ Takes effect
with any additional local or national regulations
1. Publication in Official Medium: governing the enactment and publication of
o Requirement: The local ordinance must be ordinances.
published in a local newspaper of general o Purpose: To ensure that the publication process
circulation. In some cases, publication in the adheres to legal standards and requirements.
Official Gazette may also be required. 6. Proof of Publication:
o Purpose: To inform the public and ensure o Requirement: Proof of publication, such as an
transparency regarding new or amended affidavit or certificate from the publisher, should be
regulations. obtained and maintained.
2. Publication of Full Text: o Purpose: To provide evidence that the ordinance
o Requirement: The full text of the ordinance should was published in accordance with the
be published. This ensures that the exact requirements, which may be necessary for legal or
administrative purposes.
These requirements highlights the importance of proper
publication for ensuring that local ordinances are effectively
communicated to the public and legally enforceable.

VIII
a. Rule on Time Computation (p.102)

When the laws speak of years, months, days or nights, it

shall be understood that years are of three hundred sixty
five days each; months of thirty days; days of twenty –four
hours; and nights from sunset to sunrise.

If months are designated by their name, they shall be

computed by the number of days which they respectively
have.

In computing a period, the first day shall be excluded, and

the last day included (Art. 13, New Civil Code).

A “week” means a period of seven consecutive days

without regard to the day of the week on which it begins.

b. Interpretation of Time