Statutory Construction: An Introductory Part Flashcards
Is responsible for enacting the laws of the state and appropriating the money
necessary to operate the government.
Legislative Branch
Is responsible for implementing and administering the public policy enacted
and funded by the legislative branch.
Executive Branch
Is responsible for interpreting the constitution and laws and applying their
interpretations to controversies brought before it.
Judicial Branch
This is an important principle because it gave specific powers to each branch and set up something called
CHECKS AND BALANCES
The rule states that what has been delegated cannot further be delegated
potestas delegata non delegari
potest
The Congress further delegates its legislative power by allowing
direct legislation by the people in cases of people initiative and referendum;
Delegation to the people at large
are delegated to the President by the Congress to effectively
solve the problems caused by war or other crisis which the Congress could not otherwise solve with
more dispatch than the President
Emergency Power
In times of war or other national emergency,
the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy
Delegation of emergency power to the president. Section 23 (2), Article VI
are delegated to the President by the Congress to
efficiently and speedily solve economic problems posed by foreign trade which the Congress could
not otherwise address with more dispatch than the President;
Tariff Powera
the Congress may, by law, authorize the President to fix within specified limits, and subject
to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage
and wharfage dues, and other duties or imposts within the framework of the national development
program of the Government.”
Delegation of tariff powers to the President. Section 28 (2), Article VI
The Congress delegates the so called “power of subordinate
legislation” to administrative bodies
Delegation to administrative Bodies
This delegation is based on the principle that the local
government is in better position than the national government to act on purely local concerns.
Legislative power is therefore given to them for effective local legislation.
Delegation to the local governements
(Power to make laws and alter, amend, revise, repeal them) It consists of the enactment of laws intended as a rule of conduct to govern the relation
between individuals (i.e., civil laws, commercial laws, etc.) or between individuals and the
state (i.e., tax law, penal law, political law, commercial law, etc.)
General Power
It is essential to the effective exercise of other powers expressly granted to the assembly.
→ to conduct inquiry and investigation in aid of legislation.
Implied Powers
These are the powers which although not expressly given are nevertheless exercised by the Congress as they are necessary for its existence such as:
→ to determine the rules of proceedings;
→ to compel attendance of absent members to obtain quorum to do business;
→ to keep journal of its proceedings; etc.
Inherent Powers
It has reference to powers which the Constitution expressly and specifically directs to
perform or execute.
Specific Legislative
As a general rule, the Congress cannot further delegate the
power delegated to it by the people, however, delegation is permitted in
Delegation of Power
(for drafting an amendment to the constitution upon a vote of three-fourths of all its members
Power to act as constituent assembly
The general rule is separation of powers. The exceptions are blending of powers and checks and balances.
→ Constitutional entities blend powers when they put their powers together to
achieve a goal
Blending of Powers
The Committee, by a vote of a majority of all its members,
may punish for contempt any witness before it who disobeys any order of the
Committee or refuses to be sworn or to testify or to answer a proper question by
the Committee or any of its members, or testifying, testifies falsely or evasively
Power to contempt
Considered as electoral power of the Congress of the Philippines are the Congress’ power to:
- Elect its presiding officer/s and other officers of the House;
- Act as board of canvassers for the canvass of presidential/vice-presidential votes;
and - Elect the President in case of any electoral tie to the said post.
Electoral
The Congress of the Philippines exercises considerable control and supervision over the
administrative branch.
- To decide the creation of a department/agency/office;
- To define powers and duties of officers;
- To appropriate funds for governmental operations;
- To prescribe rules and procedure to be followed; etc
Supervisory
decides election protests involving the election, returns and qualifications of the Senators;
Senate Electoral Tribunal (SET)
decides election protests involving the
election, returns and qualifications of the Congressmen.
House of Representative Electoral Tribunal (HRET)
- To punish its members for disorderly behavior, and, with the concurrence of twothirds of all its Members, suspend or expel a Member;
- To concur and approve amnesty declared by the President of the Philippines;
- To initiate, prosecute and thereafter decide cases of impeachment; and
- To decide electoral protests of its members through the respective Electoral
Tribunal.
Judicial
These are the powers, duties and authority that are considered to be incidental and necessary for the successful completion of the duties. These powers of Congress mandated by the Constitution such as:
- To authorize the Commission on Audit to audit funds and property;
- To authorize the President of the Philippines to fix tariff rates, quotas, and dues;
- To authorize the President of the Philippines to formulate rules and regulations in
times of emergency; - To reapportion legislative districts based on established constitutional standards;
- To implement laws on autonomy;
- To establish a national language commission;
- To implement free public secondary education;
- To allow small scale utilization of natural resources;
- To specify the limits of forest lands and national parks;
- To determine the ownership and extent of ancestral domain; and
- To establish independent economic and planning agency.
Miscellaneous
The procedures for introducing legislation and seeing it through committees are SIMILAR IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE.
Preliminary Procedure
No matter where a legislative proposal originates, it can be introduced only by a member
of Congress. In the Senate, a member may introduce any of several types of bills and resolutions
by filing it with the Office of the Secretary
Introduction to Bills
These are general measures, which if passed upon, may become laws. A bill is prefixed
with S., followed by a number assigned the measure based on the order in which it is introduced.
The vast majority of legislative proposals––recommendations dealing with the economy,
increasing penalties for certain crimes, regulation on commerce and trade, etc., are drafted in the
form of bills. They also include budgetary appropriation of the government and many others.
When passed by both chambers in identical form and signed by the President or repassed by
Congress over a presidential veto, they become laws.
Bills
This is like a bill, requires the approval of both houses and the signature of the
President. It has the force and effect of a law IF APPROVED. There is no real difference between
a bill and this. The latter generally is used when dealing with a SINGLE ITEM OR
ISSUE, such as a continuing or emergency appropriations bill.This is also used for
PROPOSING AMENDMENTS to the Constitution.
Joint Resolution
This is usually designated in the Senate as S. Ct. Res. It is used for matters affecting the operations of both houses and must be passed in the same form by both of them. However, they are not referred to the President for his signature, and they do not have the force of law.Used to fix the time of adjournment of a Congress and to express the “sense of Congress” on an issue.
Concurrent Resolution
It is usually designated with P. S. Res. This deals with matters entirely within the prerogative of one house of Congress, such as adopting or receiving its own rules. Is not considered by the other chamber and is not sent to the President for his signature. Like a concurrent resolution, it has no effect and force of a law. used occasionally to express the opinion of a single house on a current issue. Oftentimes, it is also used to call for a congressional action on an issue affecting national interest
Simple Resolution
Once a measure has been introduced and given a number, it is read and referred to an
appropriate committee. It must be noted that during the reading of the bill, ONLY THE TITLE AND THE AUTHOR IS READ ON THE FLOOR. The Senate President or House Speaker, as the case may be, is responsible for referring bills introduced to appropriate committees.
Bill Referral
of the Senate, operating as “little legislatures,” determine the
fate of most proposals. There are committee hearings scheduled to discuss the bills referred.
Committee members and staff frequently are experts in the subjects under their jurisdiction, and
it is at the committee stage that a bill comes under the sharpest scrutiny. If a measure is to be
substantially revised, the revision usually occurs at the committee level.
Committee
May dispose of a bill in one of several ways: it may approve, or reject, the legislation with or without amendments; rewrite the bill entirely; reject it, WHICH ESSENTIALLY KILLS THE BILL; report it favorably or without recommendation, which allows
the chamber to consider the bill at all. It must be noted that under Section 29, Rule XI of the Rules of the Senate, if the reports submitted are unfavorable, they shall be transmitted to the archives
of the Senate, unless five Senators shall, in the following session, move for their inclusion in the Calendar for Ordinary Business, in which case the President shall so order.
Committee
This Describes the purpose and scope of the bill, explains any committee amendments, indicates proposed changes in existing law and such other materials that are relevant. Moreover, reports are numbered in the order in which they are filed and printed.
Committee Reports
In which shall be included the bills reported out by the
committees in the order in which they were received by the Office of the Secretary; the bills whose consideration has been agreed upon by the Senate without setting the dates on which to effect it; and also,the bills whose consideration has been postponed indefinitely;
Calendar for Ordinary Business
In which the bills and resolutions shall be arranged successively and chronologically, according to the order in which they were assigned for consideration; and
Calendar for Special Orders
In which shall be included all bills and joint resolutions approved on second reading.
Calendar for a Third Reading
It will be submitted to the House of Representatives for consideration. A bill passed by the Senate and transmitted to the House usually goes to a committee, unless a House bill on the same subject has already been reported out by the appropriate committee and placed on the calendar.
Third Reading
This may be offered at both the committee and floor action stages, and the bill as it emerges from the second chamber may differ significantly from the version passed by the first. A frequently used procedure when this occurs is for the chamber that acts last to bring up the other chamber’s bill and substitute its own version, then retaining only the latter’s bill number. That numbered bill, containing the Senate and House version, is then sent to a conference committee to resolve all differences.
Amendments
Either chamber/house can request a conference once both have considered the same
legislation. Generally, the chamber that approved the legislation first will disagree to the amendments made by the second body and will make a request that a conference be convened. Sometimes, however, the second body will ask for a conference immediately after it has passed
the legislation, assuming that the other chamber will not accept its amendments.
Calling a Conference
Under the Rules of the Senate (Rule XII, Section 34), the Senate President shall designate the members of the Senate panel in the conference committee with the approval of the Senate. The Senate delegation to a conference can range in size from three to a larger number, depending
on the length and complexity of the legislation involved.
Selection of Conferees
The authority given to the Senate conferees theoretically is limited to matters in
disagreement between the two chambers. They are not authorized to delete provisions or language agreed to by both the House and the Senate as to draft entirely new provisions.
Authority of Conferees
Have wide latitude, except where the matters in
disagreement are very specific. Moreover, conferees attempt to reconcile their differences, but
generally they try to grant concession only insofar as they remain confident that the chamber they
represent will accept the compromise.
Conferees
When the conferees have reached agreement on a bill, the conference committee staff
writes a conference report indicating changes made in the bill and explaining each side’s actions.
Once a conference committee completes its works, it can now be submitted to the floor for
its approval. Debate on conference reports is highly privileged and can interrupt most other business.
Approval of the conference report by both houses, along with any amendments on
disagreement, constitutes final approval of the bill.
The Conference Report
After both houses have given final approval to a bill, a final copy of the bill, known as the
Enrolled Bill
After both houses have given final approval to a bill, a final copy of the bill, known as the
“enrolled bill,” shall be printed, and certified as correct by the Secretary of the Senate and the
Secretary General of the House of Representatives. After which, it will be signed by the Speaker
of the House and the Senate President.
Final Legislative Action
A bill may become a law, even without the President’s signature, if the President does not sign a bill within 30 days from receipt in his office. A bill may also become a law without the President’s signature if Congress overrides a presidential veto by two-thirds vote
Final Legislative Action
A bill is filed in the Office of the Secretary where it is given a corresponding number and calendared for First Reading
Filing/Calendaring for First Reading
Its title, bill number, and author’s name are read on the floor, after which it is referred to the proper committee
First Reading
Committee conducts hearings and consultation
meetings. It then either approves the proposed bill without an amendment,
approves it with changes, or recommends substitution or consolidation with
similar bills filed;
Committee Hearings/Report
The Committee Report with its approved bill
version is submitted to the Committee on Rules for calendaring for Second
Reading.
Calendaring for Second Reading
Bill author delivers sponsorship speech on the floor. Senators
engage in debate, interpellation, turno en contra, and rebuttal to highlight the pros
and cons of the bill. A period of amendments incorporates necessary changes in
the bill proposed by the committee or introduced by the Senators themselves on
the floor.
Second Reading
Printed copies of the bill’s final version are distributed
to the Senators. This time, only the title of the bill is read on the floor. Nominal
voting is held. If passed, the approved Senate bill is referred to the House of
Representatives for concurrence.
Voting on Third Reading
Senators vote on the second reading version of the
bill. If approved, the bill is calendared for third reading.
Voting on Second Reading.
The Lower Chamber follows the same procedures (First Reading, Second Reading and Third Reading)
At the house of Representative
If the House-approved version is compatible with that of the
Senate’s, the final version’s enrolled form is printed. If there are certain differences,
a Bicameral Conference Committee is called to reconcile conflicting provisions of
both versions of the Senate and of the House of Representatives. Conference
committee submits report on the reconciled version of the bill, duly approved by
both chambers. The Senate prints the reconciled version in its enrolled form.
Back to the Senate
Final enrolled form is submitted to Malacañang. The
President either signs it into law, or vetoes and sends it back to the Senate with
veto message.
Submission to Malacanang
the heading on the preliminary part, furnishing the name by which the act is
individually known. It is usually prefixed to the statute in the brief summary of its
contents.
Title
Part of statute explaining the reasons for its enactment and the objects sought
to be accomplished. Usually, it starts with “whereas”.
Preamble
Part of statute which declares its enactment and serves to identify it
as an act of legislation proceeding from the proper legislative authority. “Be enacted” or
‘’Now, therefore, I…, by virtue of the powers vested in me’’ is the usual formula used to
start this clause.
Enacting Clause
The main and operative part of the statute containing its SUBSTANTIVE AND
EVEN PROCEDURAL PROVISIONS. Provisos and exceptions may also be found.
Body
Restriction in a repealing act, which is intended to save rights, pending proceedings, penalties, etc. from the annihilation which would result from an unrestricted repeal
Saving Clause
Announces the prior statutes or specific provisions which have been abrogated by reason of the enactment of the new law.
Repealing Clause
Provides that in the event that one or more provisions or
unconstitutional, the remaining provisions shall still be in force.
Separability Clause
announces the effective date of the law.
✓ Usually, 15 days from the publication in the Official Gazette or in a newspaper of
general circulation
Effective Clause
