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Statutory Construction > Chapter 2: Statutes > Flashcards

Chapter 2: Statutes Flashcards

1
Q

What is a BILL?

A

A DRAFT of the proposed law.

It shall be called a BILL from the time of its introduction in a legislative body through all the various stages in both houses.

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2
Q

What is an ACT?

A

An ACT is a term we use to call a bill AFTER it has been ACTED on and PASSED by the legislature.

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3
Q

How does STATUTE LAW differ from STATUTE?

A

STATUTE LAW is broader in meaning.

It includes not only STATUTE but also JUDICIAL INTERPRETATION and APPLICATION of the enactment.

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4
Q

With respect to the legislative department, how does a PARLIAMENTARY differ from a PRESIDENTIAL system?

A

The parliament’s Congress is UNICAMERAL.

The presidential’s Congress is BICAMERAL.

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5
Q

How does a bill become a law?

A

There are nine (9) steps to this.

1) Congressman
Bill with signature and statement of purpose
Secretary
Calendar

2) First reading
Number
Title

3) Speaker
Committee
Public hearings
Report

4) Calendar
5) Second reading

6) Open debates
Amendments
Insertions

7) Print in its final form
Copies distributed

8) Calendar
Third reading
Vote
Journal

9) Prime Minister/President

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6
Q

What happens should there be an unfavorable report of the committee (on the bill)?

A

The bill is dead.

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7
Q

When is the only time congressmen can participate in open debates in relation to law-making?

A

Immediately after the second reading

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8
Q

How much time are legislators given to think about voting for or against a bill?

A

At least three (3) days prior to the third and final reading

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9
Q

Are legislators allowed to amend the bill in the third reading?

A

No. They are only allowed to amend the bill in the second reading.

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10
Q

What is the NO AMENDMENT RULE?

A

It is a rule prohibiting legislators to amend a bill in the third and final reading.

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11
Q

What is the sufficient number of members of Congress to transact its daily business?

A

50% of the number of the body

OR

50% plus one, depending on their internal rules

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12
Q

What happens when the bill successfully passes the House which it originated?

A

It is then submitted to the other House to undergo the same process.

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13
Q

What happens when there is a variance in the proposed bill by the upper and lower houses?

A

A bicameral conference committee will be formed.

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14
Q

Can the bicameral conference committee introduce amendments to suit both houses of Congress?

A

Yes. It is not covered by the “no amendment rule.”

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15
Q

What happens when the President vetoes a bill?

A

The bill is sent back to the house from which it originated and will be subject to reconsideration.

The house needs at least 2/3 of its members votes to pass the bill.

If passed by the house of origin, the bill shall be sent to the other house subject to reconsideration.

The other house needs at least 2/3 of its members votes to make it a law.

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16
Q

What power is vested in the Congress of the Philippines?

A

The legislative power.

The Congress has the authority to make laws and to alter or repeal the same.

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17
Q

What happens when the President fails to act on the bill submitted to his office within thirty (30) days from receipt?

A

The bill shall become a law as if he had signed it.

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18
Q

What are the three constitutional test or limitations in the passage of a bill?

A

1) Every bill shall embrace only one subject which shall be expressed in its title.
2) Every bill shall pass three readings on separate days, and printed copies of it in the final form shall be distributed to each member of the house at least three days before its passage.

Exception: When the President certifies to the necessity of its immediate enactment due to a calamity or emergency.

3) Every bill passed by Congress shall be presented to the President.

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19
Q

Can a bill embrace more than one subject? Why?

A

NO. There are three (3) reasons for this:

1) To prevent hodge-podge or log-rolling legislation
2) To prevent surprise or fraud upon the legislature
3) To fairly apprise the people of the subjects of legislations being considered so that they may have the opportunity of being heard thereon, if they shall desire

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20
Q

What is a hodge-podge or logrolling legislation?

A

It is a mischievous legislative practice.

It embraces several distinct matters in one bill.

Passage is ensured by gathering the support of different minorities (groups supporting different distinct matters) and combining all the minorities into a majority that will adopt them all.

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21
Q

What is the effect of violating Section 26 (1) of Article VI?

A

Statutes passed in violation of the one bill-one subject rule shall be declared void by the courts.

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22
Q

What is the THREE READING RULE?

A

All bills should pass three (3) readings in each house.

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23
Q

Can the bicameral committee add or delete provisions?

A

Yes. And it is not a violation of the amendment rule.

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24
Q

What is also known as the third legislative chamber?

A

The bicameral conference committee

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25
Q

Why are the “three readings” and “no amendment” rules important?

A

The rule is designed to prevent hasty and improvident legislation and afford the legislators time to study and deliberate the measures.

26
Q

What are the eight (8) parts of a statute?

A

1) Title
2) Preamble
3) Enacting Clause
4) Body
5) Repealing Clause
6) Saving Clause
7) Separability Clause
8) Effectivity Clause

27
Q

Define and describe the TITLE.

A

It is a part of the statute.

It gives a general statement of the subject matter of an act.

Its purpose is to appraise legislators and the public of the subject matter of the legislation.

28
Q

Define and describe the PREAMBLE.

A

It is the part of the statute that follows the title.

It precedes the enacting clause.

It states the reasons for, or the objects of the enactment.

It usually starts with “Whereas.”

29
Q

Is the preamble an essential part of the statute?

A

NO.

30
Q

Is the preamble a source of government power?

A

NO.

31
Q

Does the preamble create a right or does it grant any right?

A

NO.

32
Q

Define and describe the ENACTING CLAUSE.

A

It is a part of a statute.

It comes after the preamble.

It precedes the body of the statute.

It indicates the authority that promulgated the enactment.

It is not an essential part, but it clothes the statute with dignity because a specific authority promulgated the law.

It usually starts with “Be it enacted by…”

33
Q

Define and describe the BODY.

A

It is a part of the statute.

It comes after the enacting clause.

It precedes the repealing clause.

It contains the:

  • subject matter of the statute
  • provisions (substantive and procedural)
  • proviso (qualification of language used)
  • exceptions
34
Q

Define and describe the REPEALING CLAUSE.

A

It is a part of the statute.

It announces the legislative intent to terminate or revoke another statute or statutes.

35
Q

Define and describe the SAVING CLAUSE.

A

It is a part of a statute.

Its purpose is to restrict a repealing act and preserve existing powers, rights and pending proceedings from the effects of the repeal.

36
Q

Define and describe the SEPARABILITY CLAUSE.

A

It is a part of a statute.

It states that if for any reason, any section or provision of the statute is held to be unconstitutional or invoked, the other section or provision of the law shall not be affected thereby.

If one part of the statute is void, the other parts may still stand.

37
Q

Define and describe the EFFECTIVITY CLAUSE.

A

It is a part of a statute.

It states the statute’s date of effectivity.

It is the last part of a statute.

38
Q

What is a LAW?

A

It is a rule of conduct.

It must be just.

It must be obligatory.

It must be prescribed by legitimate authority.

It must be ordained for the common benefit.

“The welfare of the people is the supreme law.”

39
Q

What are the three (3) kinds of statutes as to scope?

A

1) General law
2) Special law
3) Local law

40
Q

What is a GENERAL LAW?

A

It is a law that affects all people of the state.

41
Q

What is a SPECIAL LAW?

A

A law is special when:

It is different from others of the same general kind.

It is designed for a particular purpose.

It is limited in range.

It is confined to a prescribed field of action on operation.

42
Q

What is LOCAL LAW?

A

It operates over a particular locality instead of over the whole territory of the state.

43
Q

What are the two (2) kinds of statutes as to application?

A

1) Mandatory

2) Directory

44
Q

What are MANDATORY STATUTES?

A

They are statutes that “require.”

They are characterized by such derivates as “shall” and NOT “may.”

45
Q

What are DIRECTORY STATUTES?

A

They are mere direction or instruction of no obligatory force.

46
Q

What is PUBLIC LAW?

A

It is a general classification of law which consists of the following:

1) Constitutional Law
2) Administrative Law
3) International Law

47
Q

What is CONSTITUTIONAL LAW?

A

It is the fundamental law of the land.

It defines the powers of the government.

48
Q

What is ADMINISTRATIVE LAW?

A

It fixes the organization of the government.

It determines the competence of the administrative authorities.

It regulates the methods by which the functions of the government are performed.

49
Q

What is INTERNATIONAL LAW?

A

It is a body of rules.

Its purpose is to regulate a community of nations.

50
Q

What is PRIVATE LAW?

A

It is a body of rules affecting relationships among individuals, associations, and corporations.

It creates duties, rights, and obligations.

It states the means and methods of setting courts in motion for setting of a right or of a redress of wrong.

51
Q

What is PENAL STATUTE?

A

Its purpose is to define criminal offenses and specify corresponding fines and punishments.

52
Q

What is REMEDIAL STATUTE?

A

Its purpose is to provide means or method whereby causes of action may be effectuated, wrongs redressed and relief obtained.

53
Q

What is PROSPECTIVE LAW?

A

It is applicable only to cases which shall rise after its enactment.

54
Q

What is RETROSPECTIVE LAW?

A

It affects acts or facts or rights occurring before it came into force.

55
Q

What is CURATIVE STATUTE?

A

It is a form of retrospective legislation.

Its purpose is to correct errors and irregularities.

It can render valid and effective many attempted acts which would otherwise be ineffective for the purpose intended.

56
Q

What is EXPRESS REPEAL?

A

It is the annulling of previously existing laws by the enactment of a subsequent statute (which declares that the former law shall be revoked and abrogated).

The laws repealed are explicitly expressed in the repealing clause (identified by its number or title).

57
Q

What is IMPLIED REPEAL?

A

It happens when two statutes are mutually inconsistent or does not agree with each other.

It then results to the later statute repealing the older statute.

If it’s not an express repeal, then it’s an implied repeal.

58
Q

What happens when the intention to repeal is not clear and manifest?

A

As a general rule, the later act can be construed as a continuation of, and not a substitute for, the first act.

59
Q

What are the two kinds of repeal by implication?

A

1) if Provision in the two acts are in a irreconcilable conflict

One law cannot be enforced without nullifying others.

2) if the later covers the whole subject matter of the old one

There should be a manifest indication of the intent to repeal.

60
Q

What is an ORDINANCE?

A

It is an act passed by the local legislative body exercising its law-making authority.

61
Q

What are the six (6) test of a valid ordinance?

A

1) It must not contravene the Constitution or any statute.
2) It must not be unfair or oppressive.
3) It must not be partial or discriminatory.
4) It must not prohibit, but it may regulate.
5) It must not be unreasonable.
6) It must be general and consistent with public policy.

62
Q

Why should ordinances NOT contravene a statute?

A

The “delegates” cannot be superior to the “principal.”

Delegates = Sanggunian

Principal = Congress

Statutory Construction (3 decks)

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