Statutory Construction: An Introductory Part

Question 1

Is responsible for enacting the laws of the state and appropriating the money
necessary to operate the government.

Answer 1

Legislative Branch

Question 2

Is responsible for implementing and administering the public policy enacted
and funded by the legislative branch.

Answer 2

Executive Branch

Question 3

Is responsible for interpreting the constitution and laws and applying their
interpretations to controversies brought before it.

Answer 3

Judicial Branch

Question 4

This is an important principle because it gave specific powers to each branch and set up something called

Answer 4

CHECKS AND BALANCES

Question 5

The rule states that what has been delegated cannot further be delegated

Answer 5

potestas delegata non delegari
potest

Question 6

The Congress further delegates its legislative power by allowing
direct legislation by the people in cases of people initiative and referendum;

Answer 6

Delegation to the people at large

Question 7

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

Answer 7

Emergency Power

Question 8

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

Answer 8

Delegation of emergency power to the president. Section 23 (2), Article VI

Question 9

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;

Answer 9

Tariff Powera

Question 10

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.”

Answer 10

Delegation of tariff powers to the President. Section 28 (2), Article VI

Question 11

The Congress delegates the so called “power of subordinate
legislation” to administrative bodies

Answer 11

Delegation to administrative Bodies

Question 12

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.

Answer 12

Delegation to the local governements

Question 13

(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.)

Answer 13

General Power

Question 14

It is essential to the effective exercise of other powers expressly granted to the assembly.
→ to conduct inquiry and investigation in aid of legislation.

Answer 14

Implied Powers

Question 15

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.

Answer 15

Inherent Powers

Question 16

It has reference to powers which the Constitution expressly and specifically directs to
perform or execute.

Answer 16

Specific Legislative

Question 17

As a general rule, the Congress cannot further delegate the
power delegated to it by the people, however, delegation is permitted in

Answer 17

Delegation of Power

Question 18

(for drafting an amendment to the constitution upon a vote of three-fourths of all its members

Answer 18

Power to act as constituent assembly

Question 19

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

Answer 19

Blending of Powers

Question 20

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

Answer 20

Power to contempt

Question 21

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.

Answer 21

Electoral

Question 21

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

Answer 21

Supervisory

Question 22

decides election protests involving the election, returns and qualifications of the Senators;

Answer 22

Senate Electoral Tribunal (SET)

Question 23

decides election protests involving the
election, returns and qualifications of the Congressmen.

Answer 23

House of Representative Electoral Tribunal (HRET)

Question 24

• 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.

Answer 24

Judicial

Question 25

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.

Answer 25

Miscellaneous

Question 26

The procedures for introducing legislation and seeing it through committees are SIMILAR IN BOTH THE HOUSE OF REPRESENTATIVES AND THE SENATE.

Answer 26

Preliminary Procedure

Question 27

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

Answer 27

Introduction to Bills

Question 28

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.

Answer 28

Bills

Question 29

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.

Answer 29

Joint Resolution

Question 30

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.

Answer 30

Concurrent Resolution

Question 31

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

Answer 31

Simple Resolution

Question 32

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.

Answer 32

Bill Referral

Question 33

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.

Answer 33

Committee

Question 34

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.

Answer 34

Committee

Question 35

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.

Answer 35

Committee Reports

Question 36

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;

Answer 36

Calendar for Ordinary Business

Question 37

In which the bills and resolutions shall be arranged successively and chronologically, according to the order in which they were assigned for consideration; and

Answer 37

Calendar for Special Orders

Question 37

In which shall be included all bills and joint resolutions approved on second reading.

Answer 37

Calendar for a Third Reading

Question 38

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.

Answer 38

Third Reading

Question 39

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.

Answer 39

Amendments

Question 40

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.

Answer 40

Calling a Conference

Question 41

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.

Answer 41

Selection of Conferees

Question 41

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.

Answer 41

Authority of Conferees

Question 42

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.

Answer 42

Conferees

Question 43

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.

Answer 43

The Conference Report

Question 44

After both houses have given final approval to a bill, a final copy of the bill, known as the

Answer 44

Enrolled Bill

Question 45

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.

Answer 45

Final Legislative Action

Question 46

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

Answer 46

Final Legislative Action

Question 47

A bill is filed in the Office of the Secretary where it is given a corresponding number and calendared for First Reading

Answer 47

Filing/Calendaring for First Reading

Question 48

Its title, bill number, and author’s name are read on the floor, after which it is referred to the proper committee

Answer 48

First Reading

Question 49

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;

Answer 49

Committee Hearings/Report

Question 50

The Committee Report with its approved bill
version is submitted to the Committee on Rules for calendaring for Second
Reading.

Answer 50

Calendaring for Second Reading

Question 51

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.

Answer 51

Second Reading

Question 52

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.

Answer 52

Voting on Third Reading

Question 52

Senators vote on the second reading version of the
bill. If approved, the bill is calendared for third reading.

Answer 52

Voting on Second Reading.

Question 53

The Lower Chamber follows the same procedures (First Reading, Second Reading and Third Reading)

Answer 53

At the house of Representative

Question 54

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.

Answer 54

Back to the Senate

Question 55

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.

Answer 55

Submission to Malacanang

Question 56

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.

Answer 56

Title

Question 57

Part of statute explaining the reasons for its enactment and the objects sought
to be accomplished. Usually, it starts with “whereas”.

Answer 57

Preamble

Question 58

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.

Answer 58

Enacting Clause

Question 59

The main and operative part of the statute containing its SUBSTANTIVE AND
EVEN PROCEDURAL PROVISIONS. Provisos and exceptions may also be found.

Answer 59

Body

Question 60

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

Answer 60

Saving Clause

Question 61

Announces the prior statutes or specific provisions which have been abrogated by reason of the enactment of the new law.

Answer 61

Repealing Clause

Question 62

Provides that in the event that one or more provisions or
unconstitutional, the remaining provisions shall still be in force.

Answer 62

Separability Clause

Question 63

announces the effective date of the law.
✓ Usually, 15 days from the publication in the Official Gazette or in a newspaper of
general circulation

Answer 63

Effective Clause