Agpalo

Question 1

Difference between a statute and a law

Answer 1

Laws are generally a whole body or system of law. They are rules of conduct formulated and made obligatory by legitimate power of the State. This includes RA, PD, EO, Presidential issuances, Jurisprudence, ordinances passed by sanggunians of local government units.

A statute, on the other hand, is an act of legislature (Philippine Commission, Phil. Legislature, Batasang Pambansa, Congress). Also includes presidential decrees of Marcos during the period of martial law 1973 Constitution. EO of Aquino revolutionary period during Freedom Constitution. Classified into public or private. Public statutes can be general, special, or local.

Question 2

What is the legislative power?

Answer 2

It is the power to make, alter, and repeal laws. It is vested in the Congress as per 1987 Constitution.

Question 3

How is a bill passed?

Answer 3

A proposed legislative measure, signed by authors, is introduced by a member of Congress for enactment into law. It may originate from either Upper or Lower House. However, the Lower House is limited to propose the following: 1) appropriation 2) revenue/tariff bills 3) bills authorizing increase of public debt, 4) bills of local application, and 5) private bills. It shall embrace one subject which shall be expressed in the title. It shall be filed with the Secretary of the House. It can only be approved after 3 readings unless the President certifies its immediate effectivity to cater to a national calamity or emergency.

On the FIRST READING, the secretary reports the bill. The number and title will be read. There will be a referral to the appropriate committee for study and recommendation. Consequently, the committee will hold public hearings, and submit reports and recommendations for calendar for second reading.

On the SECOND READING, the bill is read in full, with amendments proposed by the committee. Copies may also be distributed as an alternative to such reading. The bill is now subject to debates, motions, and amendments. It will be voted on. And then, a bill approved shall be included in the calendar of bills for 3rd reading.

On the THIRD reading, the bill approved on 2nd reading will be submitted for final vote by yeas and nays. No further amendments can be raised. The bill approved on the 3rd reading will be transmitted to the “Other House” for concurrence.

If the “Other House” approves without amendment, it is passed to the President. If the “Other House” introduces amendments, and disagreements arise, differences will be settled by the Conference Committees of both Houses. Reports and recommendations of the 2 Conference Committees will have to be approved by both houses in order to be considered passed.

The President may then approve and sign it. He has the power to veto within 30 days of receipt. If he vetoes, the bill will be sent back to the House where it originated with recommendation. If 2/3 of the members of a House approve, it will be sent to the other House for approval. If 2/3 of that House approves, it shall become a law.

Likewise, if the President does not act on the bill within the 30-day prescribed period after receipt, the said bill shall become a law.

Question 4

What are the limitations to passage of appropriation bills?

Answer 4

1. The Congress may not increase the appropriation recommended by the President
2. Particular appropriation is limited
3. The procedure for Congress is the same to all other department/agencies.
4. Special appropriations are done by national treasurer for revenue proposal
5. There shall no be transfer of appropriations
6. Discretionary funds are for public purposes only
7. The President may veto any particular item/s in an appropriation revenue, or tariff bill.

Question 5

What is an enrolled bill?

Answer 5

It is a bill passed by Congress, authenticated by the Speaker and the Senate President, and approved by the President.

It carries on its face a solemn assurance that it was passed by the assembly by the legislative and executive departments. The Courts cannot go behind the enrolled act to discover what really happened, if only for respect to the legislative and executive departments.

Question 6

What is the remedy if there has been any mistake in the printing of the bill?

Answer 6

If there has been any mistake in the printing of the bill before it was certified by the officer of the assembly and approved by the Chief Executive, the remedy is to amend it by enacting a curative legislation not by judicial decree.

Question 7

Are enrolled bills and legislative journals conclusive upon the Courts?

Answer 7

Yes.

Question 8

What happens when there is a discrepancy between an enrolled bill and legislative journal?

Answer 8

Enrolled bill will prevail.

Question 9

May the Speaker and Senate President withdraw if there is discrepancy between the text of the bill as deliberated and the enrolled bill?

Answer 9

Yes.

Question 10

What will be the effects of withdrawal of a bill?

Answer 10

1. It will nullify the bill as enrolled
2. It will lose its absolute verity
3. The Courts may consult journals

Question 11

What are the parts of a statute?

Answer 11

1. Title
   - must be able to express the subject
2. Enacting Clause
   - written immediately after the title
   - states the authority by which the act is enacted
3. Preamble
   - a defined explanation or a finding of facts, reciting the purpose, reason, or occasion for making the law to which it is prefixed
   - usually not used by legislations because content of the preamble is written in the explanatory note
   - PDs and EOs have preambles
4. Purview of statute
   - part which tells what the law is about
   - body shall embrace only one subject, one subject matter
   - statutes usually divided into sections which contain a single proposition
   - Parts:

Short title
Policy section
Definition section
Administrative section
Sections prescribing standards of conduct
Sections imposing sanctions for violation of its provisions
Transitory provision
Separability clause - states that if any provision of the act is declared invalid, the remainder shall not be affected thereby
Effectivity clause

Question 12

What are the purposes of requiring just one subject in a statute?

Answer 12

This is to apprise the legislators of the object, nature, and scope of the provision of the bill and to prevent the enactment into law of matters which have not received the notice, action and study of the legislators. This is to prohibit duplicity in legislation.

Moreover, it is to prevent surprise or fraud of the legislature. And it shall be addressed to clarify doubt or ambiguity.

Question 13

What happens when the title of a bill is insufficient?

Answer 13

Statute will be null and void.

Question 14

What are presidential issuances?

Answer 14

They are those which the president issues in the exercise of ordinance power.

EOs, AOs, Proclamations, MOs, MCs, and general or special orders. They have the force and effect of laws.

Question 15

What are executive orders?

Answer 15

They are acts of the President providing for rules of a general or permanent character in the implementation or execution of constitutional/statutory powers.

They do not have the force and effect of laws enacted by the Congress.

Question 16

What are administrative orders?

Answer 16

They are acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head.

Question 17

What are proclamations?

Answer 17

They are acts of the President fixing a date or declaring a statute or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend.

Question 18

What are memorandum orders?

Answer 18

Acts of the President on matters of administrative details or of subordinate or temporary interest which only concern a particular officer or office of government.

Question 19

What are memorandum circulars?

Answer 19

Acts of the President on matters relating to internal administration which the President desires to bring to the attention of all or some of the departments, agencies, bureaus, or offices of the government, for information of compliance.

Question 20

What are general or specific orders?

Answer 20

Acts and commands of the President in his capacity as Commander-in-Chief of the AFP.

Question 21

Does the SC have the power to repeal procedural laws?

Answer 21

Yes

Question 22

Does the SC have powers to promulgate rules substantive in nature?

Answer 22

No

Question 23

What are substantive rules?

Answer 23

They affect or take away vested rights (i.e. right to appeal)

Question 24

What are procedural rules?

Answer 24

They are means of implementing existing rights

Question 25

True or false. Rules and regulations issued by the administrative or executive officers in accordance with and authorized by law, have the force and effect of law.

Answer 25

True.

Question 26

What are the requisites to delegate a statute by legislative branch to another branch of government to fill in details, execution, enforcement, or administration of law.

Answer 26

The law must be:

1. Complete in itself
2. Fix a standard which may be express or implied
   - standard: i.e. simplicity and dignity, public interest, public welfare, interest of law and order, justice and equity and substantial merit of the case, adequate and efficient instruction

Question 27

Administrative rule v. Interpretation

Answer 27

Rule - makes new law; binding on the courts

Interpretation - merely advisory

Question 28

What is the sangguniang barangay?

Answer 28

The smallest legislative body; may apss an ordinance by majority of all its members but subject to review by Sangguniang bayan/panglungsod.

Question 29

What is the sangguniang bayan/panglungsod?

Answer 29

They take action on the ordinance within 30 days from submission; if there’s inaction, it is presumed to be consistent with the municipal or city ordinance; if inconsistency is found, it will remand to the Sangguniang barangay.

Question 30

What is a municipal ordinance?

Answer 30

It is lodged in the Sangguniang bayan. If majority of the quorum is voting, ordinance is passed. Ordinance is then passed to the Mayor within 10 days for approval or veto. (Same with passage of bill with veto rules)

Approved ordinance is passed to the Sangguniang panlalawigan for review. There is a 30-day prescribed period for approval or invalidation which will become final. If there is inaction, it is deemed valid.

Question 31

What is a city ordinance?

Answer 31

It is vested in the Sangguniang panglungsod. Same process as municipal ordinance.

Question 32

What is a provincial ordinance?

Answer 32

Vested in Sangguniang panlalawigan. Same process but it will be forwarded to the Governor within 15 days.

Question 33

True or false. The courts may inquire into the wisdom or propriety of laws

Answer 33

False

Question 34

What are the requisites for judicial review?

Answer 34

1. There must be an actual case or controversy
2. A question of constitutionality must be raised by petitioners
3. Such question must be raised at the earliest opportunity
4. The decision of the constitutional question must be necessary to the determination of the case itself.

Question 35

What does it mean to say that Courts cannot rule on “political questions?”

Answer 35

These are questions concerned with issues dependent upon the wisdom (not legality) of a particular act or measure being assailed.

Question 36

When does one have locus standi?

Answer 36

1. Direct injury test - if petitioner has sustained a direct injury as a result of that action, and it is not sufficient that he has a general interest common to all members of the public
2. Transcendental importance

a. The cases must involve constitutional issues
b. for taxpayers, there must be a claim of ilelfal disbursement of public funds or that the tax measure is unconstitutional
c. for voters, there must be a showing of obvious interest in the validity of the election law in question
d. for concerned citizens, there must be ahsowing that the issues raised are of transcendtal importance which must be sttled early
e. for legislators, there must be a claim that the offical action complained of infringes upon their prerogatives as legislators

Question 37

When can constitutionality be raised?

Answer 37

a. at the earliest possible opportunity
b. in a motion for reconsideration/new trial in the lower court
c. in criminal cases, at any stage of the proceedings or on appeal
d. in civil cases, where it appears clearly that a determination of the question is necessary to a decision, and in cases where it involves the jurisdiction of the court below

Question 38

Test of constitutionality for ordinances

Answer 38

1. Must not contravene the Constitution or any statute
2. Must not be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit but may regulate trade
5. Must be general and consistent with public policy
6. Must be reasonable

Question 39

Effects of unconstitutionality

Answer 39

1. confers no rights
2. imposes no duties
3. affords no protection
4. creates no office
5. inoperative

Question 40

Which provisions provide for the publication requirement for the effectivity of laws?

Answer 40

Article 2 of the Civil Code

Sec 18, Chapter 5, Book 1 of Administrative Code

Question 41

Requirements for filing according to 1987 Administrative Code

Answer 41

Every agency shall file with the UP Law Center 3 certified copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within 3 months from that date shall not thereafter be the basis of any sanction against any party/persons

Question 42

When can local ordinances take effect?

Answer 42

Unless otherwise stated, they shall take effect 10 days from the date a copy is posted in a bulletin board at the entrance of the provincial capitol or city, municipality or barangay hall, AND in at least 2 other conspicuous places in the lcoal government unit concerned

The secretary to the Sanggunian concerned shall post not later than 5 days after its approval. He/she shall record also the dates of approval and posting.

Gist of ordinance with penal sanctions shall be published in a newspaper of general circulation within the respective province concerned.

Question 43

What is construction?

Answer 43

It is the art or process of discovering and expounding the meaning and intention of the authors of the law.

It is the drawing of warranted conclusions beyond direct expression of the text expressions which are in spirit though not within the text.

Question 44

Difference between construction and interpretation

Answer 44

Almost synonymous. However, construction deals with the overall spirit while interpretations deals more on thr art of finding the true meaning and sense of any form of words

Question 45

Who has the power to construe?

Answer 45

The Court. They have the final word as to what the law means.

Question 46

What is a moot and academic case?

Answer 46

It is when purpose has become stale and that no practical relief can be granted. Relief has no practical effect.

Question 47

What are the exceptions to a moot and academic case?

Answer 47

They must be 1) a grave violation of the Constitution; 2) the exceptional character of the situation and the paramount public interest is involved; 3) when constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; 4) the case is capable of repetition yet evading review.

Question 48

May the legislature declare what a law means?

Answer 48

No. This is the Court’s task.

Question 49

The rule that the Supreme Court has the final word in the interpretation or construction of a stature merely means that the legislature cannot, by law or resolution, modify or annul the judicial construction without modifying or repealing the very statute which has been the subject of construction. It can, and it has done so, by amending or repealing the statute, the consequence of which is that the previous judicial construction of the statute is modified or set aside accordingly.

Answer 49

True

Question 50

When may the court contsrue statute?

Answer 50

When there is doubt and ambiguity.

Question 51

What are the limitations on power to construe?

Answer 51

1. Courts may not enlarge nor restrict statutes.

2. Courts not influenced by questions of wisdom

Question 52

What may be aids to construction?

Answer 52

1. Title
2. Preamble
3. Context of whole text
4. Punctuation marks
5. Capitalization of letters
6. Headnotes or epigraphs
7. Lingual text
8. Intent or spirit of law
9. Policy of law
10. Purpose of law or mischief to be suppressed
11. Dictionaries
12. Consequences of various constructions
13. Presumption

Question 53

History of a statute refers to all its antecedents from its inception until its enactment into law.

Answer 53

Yes. It includes:

a. President’s message if the bill is enacted in response thereto;
b. the explanatory note accompanying the bill
c. Committee reports of legislative investigations
d. Public hearings on the subject of the bill
e. Sponsorship speech
f. Debates and deliberations concerning the bill
g. Amendments and changes in phraseology in which it undergoes before final approval thereof
h. If statute is based from a revision, a prior statute, the latter’s practical application and judicial construction
i. Various amendments it underwent

Question 54

What shall be in the President’s message to the legislature?

Answer 54

His thinking on the proposed legislation, when enacted into law, follows his line of thinking on the matter.

Question 55

Noscitur a sociis

Answer 55

A rule of interpretation that states that the meaning of unclear language in a contract or other legal document should be construed in light of the language surrounding it.

Question 56

ejusdem generis

Answer 56

states that a general phrase must have the same sense as the specific enumeration preceding it.

Question 57

Limitations of ejusdem generis

Answer 57

• Requisites: o Statute contains an enumeration of particular & specific words, followed by general word or phrase o Particular and specific words constitute a class or are the same kind o Enumeration of the particular & specific words is not exhaustive or is not merely by examples o There is no indication of legislative intent to give the general words or phrases a broader meaning Rule of ejusdem generis, is not of universal application; it should use to carry out, not defeat the intent of the law.

Question 58

Expressio unius est exclusion alterius

Answer 58

The express mention of one person, thing or consequence implies the exclusion of all others.

Question 59

Expressum facit cessare tacitum

Answer 59

what is expressed puts an end to that which is implied where a statute, by its terms, is expressly limited to certain matters, it may not, by interpretation or construction, be extended to other matters.

Question 60

Exceptio firmat regulam in casibus non exceptis

Answer 60

A thing not being excepted must be regarded as coming within the purview of the general rule

Question 61

Expressio unius est exclusion alterius

Answer 61

The expression of one or more things of a class implies the exclusion of all not expressed, even though all would have been implied had none been expressed; opposite the doctrine of necessary implication

Question 62

Negative-opposite doctrine • Argumentum a contrario

Answer 62

what is expressed puts an end to what is implied.

Question 63

Application of expression unius rule

Answer 63

Generally used in construction of statutes granting powers, creating rights and remedies, restricting common rights, imposing rights & forfeitures, as well as statutes strictly construed.

Question 64

Limitations of expressio unius

Answer 64

Limitations of the rule 1. It is not a rule of law, but merely a tool in statutory construction 2. Expressio unius est exclusion alterius, no more than auxiliary rule of interpretation to be ignored where other circumstances indicate that the enumeration was not intended to be exclusive. 3. Does not apply where enumeration is by way of example or to remove doubts only.
4. Does not apply when in case a statute appears upon its face to limit the operation of its provision to particular persons or things enumerating them, but no reason exists why other persons or things not so enumerated should not have been included and manifest injustice will follow by not including them. 5. If it will result in incongruities or a violation of the equal protection clause of the Constitution. 6. If adherence thereto would cause inconvenience, hardship and injury to the public interest.

Question 65

Doctrine of casus omissus

Answer 65

A person, object or thing omitted from an enumeration must be held to have been omitted intentionally. • The maxim operates only if and when the omission has been clearly established, and in such a case what is omitted in the enumeration may not, by construction, be included therein. • Exception: where legislature did not intend to exclude the person, thing or object from the enumeration. If such legislative intent is clearly indicated, the court may supply the omission if to do so will carry out the clear intent of the legislature and will not do violence to its language

Question 66

Doctrine of last antecedent

Answer 66

Qualifying words restrict or modify only the words or phrases to which they are immediately associated not those which are distantly or remotely located. • Ad proximum antecedens fiat relatio nisi impediatur sententia – relative words refer to the nearest antecedents, unless the context otherwise requires • Rule: use of a comma to separate an antecedent from the rest exerts a dominant influence in the application of the doctrine of last antecedent.

Question 67

Liberal Construction v. Judicial Interpretation

Answer 67

Liberal Construction

• Equitable construction as will enlarge the letter of a statute to accomplish its intended purpose, carry out its intent, or promote justice
• Legitimate exercise of judicial power

Judicial Interpretation

• Act of the court in engrafting upon a law something which it believes ought to have been embraced therein
• Forbidden by the tripartite division of powers among the 3 departments of government