STATUTE LAW

STATUTE LAWWhat is ?

Rules enunciated and declared by thecompetent authorities for the governance of

the community

Enactments of the Legislative Department

Rules and regulations which have the force and effect of law

STATUTE LAW

ENACTING AUTHORITYACCORDING TO

CLASSIFICATIONS OF

Conventional Legislation

Subordinate Legislation

Enactments by national or local legislative bodies, or in which they may have participated

All rules and orders, issued pursuant to law by administrative and judicial agencies“Valid only when the delegation is valid”

TWO TESTS:1. Completeness Test2. Sufficiency of Standard Test

STATUTE LAW

APPLICATIONACCORDING TO

CLASSIFICATIONS OF

External Legislation

Subordinate Legislation

Rules of general application Those affecting order and

procedure in a community

Rules of restricted application Those affecting order and

procedure among members of legislative, judicial, or administrative office

STATUTE LAW

CLASSES OF LEGISLATIONACCORDING TO

CLASSIFICATIONS OF

ConstitutionTreaties and Other International Agreements

Statutes ProperPresidential Issuances

Administrative Rules and RegulationsCharters of Local Government Units (LGU’s)

Legislations of LGU’sTribunal/Court Rules

Legislative Rules

CONSTITUTIONWritten instrument by which the fundamental powers of the Government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politics

1935 Constitution Established a republican form of government patterned after the American

political system

Amendments in 1939 liberalized all laws and economic provisions of the Tydings-McDuffie Law.

Amendments in 1940 established a bicameral legislature, the re-eligibility of the president and the vice-president for one reelection, and the reduction of their terms of office from six years to four years; also created the Commission on Elections.

Amendments in 1947 gave American citizens equal rights with Filipinos in the exploitation of the country’s natural resources and the operation of public utilities.

CONSTITUTIONWritten instrument by which the fundamental powers of the Government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politics

1943 Constitution Passed during the Japanese Occupation

Effective during the Second World War

Provided for the transition from the Commonwealth to the Republic with the complete withdrawal of American Sovereignty from the Philippines on July 5, 1946

CONSTITUTIONWritten instrument by which the fundamental powers of the Government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politics

1973 Constitution Approved by the Constitutional Convention during the Martial Law period, declared

by then President Ferdinand Marcos on September 21, 1972

Amendments in 1976 gave the president legislative power in times of emergency, and created the interim Batasang Pambansa in lieu of the interim National Assembly through other amendments.

Amendments in 1981 gave permission to natural born citizens who lost their citizenship to own private land, and established a modified parliamentary form of government.

Amendments in 1983 provided for the appointment of Batasang Pambansa members, the creation of the Office of the Vice-President, the abolition of the Executive Committee, and the provision for urban land reform and a social housing program, among others.

CONSTITUTIONWritten instrument by which the fundamental powers of the Government are established, limited, and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politics

1987 Constitution Approved by the Constitutional Commission of 1986 headed by Justice

Cecilia Muñoz Palma

Citingonstitution

the

Const. (1987), art. III, sec. 1, par. (3).

Const. (1935), art. III.

Const. (1973), art. III, sec. 1.

Other helpful documents and sources for the study of Constitutional Law

Background and record of the Constitutional ConventionInterpretation of the Constitution

by the Supreme Court of the PhilippinesCommentaries on the Constitution appearing in

treatises, legal periodicals, encyclopedias, and textbooks

TREATIES ANDOTHER INTERNATIONAL AGREEMENTS

Treaties International agreements entered into by the Philippines,

which require legislative concurrence after executive ratifications

International agreements involving political issues or changes of national policy and those involving international arrangements of a permanent character usually take the form of treaties

May be bilateral (between two nations), or multilateral (between several nations)“No treaty or international agreement shall

be valid and effective unless concurred in by at least two-thirds of all the Members of

the Senate.”Const. (1987), art. VII, sec. 21.

TREATIES ANDOTHER INTERNATIONAL AGREEMENTS

Executive Agreements Similar to treaties except that they do not require legislative

concurrence

International agreements embodying adjustments of detail carrying out well-established national policies and traditions and those involving arrangements of a more or less temporary nature usually take the form of executive agreements.

Examples: RP-CHINA (ZTE) Loan Agreement (Controversial)

Visiting Forces AgreementRP-Japan Exchange of Notes dated 27 December 1999, and Loan Agreement No. PH-P204 dated Decemeber 28, 1999RP-ADB Loan No. 1654-PHI

CITING TREATIES AND EXECUTIVE AGREEMENTS

Treaty of Friendship with India, July 11, 1952 (1953), II-2 DFATS 1, 2 P. T. S. 797, 203 U. N. T. S. 73.

STATUTES PROPER Acts of the legislature as an organized body, expressed in the form, and

passed according to the procedure required to constitute it as part of the law of the land

Of the same category are Presidential Decrees and Executive Orders issued by the President in the exercise of his/her legislative power during the period of martial law and the revolutionary period, respectively.

Public Statute vs. Private StatutePermanent Statute vs. Temporary Statute

Prospective Statute vs. Retroactive StatuteAffirmative Statute vs. Negative Statute

Declaratory, Curative, Mandatory, Directory, Substantive, Remedial,

or Penal Statute

CITING STATUTES

Public LawsIssued by the Philippine Commission, Philippine Assembly, and Philippine

Legislature (1900-1935)

Act. No. 7 (1909), art. 3.

Commonwealth ActsIssued by the National Assembly and Congress (1935-1941)

Com. Act. No. 52 (1936), sec. 1.

Presidential DecreesIssued by President Marcos as legislator under Martial Law

(September 21, 1972 – February 20, 1986)

Pres. Decree No. 603 (1975)

PHILIPPINE TARIFF ACT OF 1909

An Act amending article one hundred and fifty of the Revised Penal Code

THE CHILD AND YOUTH WELFARE CODE

CITING STATUTES

Batas PambansaIssued by the Batasang Pambansa (July 23,1984 - February 1, 1986)

Batas Blg. 80 (1981).

Executive OrdersIssued by President Aquino as legislator in the Revolutionary Government

(February 23, 1986 - July 26, 1987)

Exec. Order No. 163 (1987).

AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER

THIRTY-ONE, NINETEEN HUNDRED AND EIGHTY-ONE AND FOR OTHER PURPOSES

DECLARING THE EFFECTIVITY OF THE CREATION OF THE COMMISSION ONHUMAN RIGHTS AS PROVIDED FOR IN THE 1987 CONSTITUTION, PROVIDING GUIDELINES FOR THE OPERATION THEREOF, AND FOR

OTHER PURPOSES.

CITING STATUTES

CodeA systematic and comprehensive compilation of laws, rules, or regulations that are

consolidated and classified according to subject matterCivil Code, (1889), art. 67.

BillsGeneral measures, which if passed upon, may become laws

S. No. 2986, 16th Cong. Third Sess. (2015)

OTHER RELATED MATERIALS

Republic ActsIssued by Congress (1946-1972; July 27, 1987 to present)

Rep. Act. No. 9163 (2002), sec. 4.National Service Training Program (NSTP) Act

AN ACT PROVIDING A FULL TUITION SUBSIDY FOR STUDENTS ENROLLED IN STATE UNIVERSITIES AND COLLEGES (SUCS), AND APPROPRIATING FUNDS

THEREFOR

CITING STATUTES

Committee Report

Comm. On National Defense and Security, H. Rpt. 25, 16th Cong., 2nd Sess. (2013).

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

Resolutions

S. Res. 1566, 14th Cong., 3rd Sess. (2010)

Joint Resolution Concurrent Resolution

Simple ResolutionRESOLUTION DECLARING AS READ AND APPROVED

THE JOURNAL OF THE 50TH SESSION OF THE SENATE

PRESIDENTIAL ISSUANCES Issued by the President in the exercise of his ordinance power

Ordinance power granted under Chapter 2, Book III of Executive Order No. 292 (Administrative Code of 1987)

Executive OrdersAdministrative Orders

ProclamationsMemorandum Orders

Memorandum CircularsGeneral or Special Orders

EXECUTIVE ORDERS

Acts of the President providing for rules of a general or permanent character in the

implementation or execution of constitutional or statutory powers

Exec. Order No. 189 (2015)

CREATING THE NATIONAL CYBERSECURITY INTER-AGENCY COMMITTEE

ADMINISTRATIVE ORDERS

Acts of the President relating to particular aspects of governmental operations in

pursuance of his duties as administrative head

Adm. Order No. 38 (2013).

CREATING AN INTER-AGENCY TASK FORCE TO INITIATE, IMPLEMENT AND MONITOR EASE OF DOING BUSINESS REFORMS

PROCLAMATIONS

Acts of the President fixing a date or declaring a status or condition of public

moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be

promulgated in proclamations which shall have the force of an executive order

Proc. No. 1135 (2015).DECLARING OCTOBER 20, 2015 AS “WORLD STATISTICS DAY”

MEMORANDUM ORDERS

Acts of the President on matters of administrative detail or of subordinate or temporary interest which

only concern a particular officer or office of the Government shall be embodied in memorandum

orders

Memo. Order No. 74 (2014).APPROVING THE 2014 INVESTMENT PRIORITIES PLAN

MEMORANDUM CIRCULARS

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 or compliance, shall be embodied in

memorandum circulars

Memo. Circular No. 51 (2013).

AUTHORIZING PARTICIPATION IN THE 12TH ANNUAL CAREER EXECUTIVE SERVICE (CES) CONFERENCE

GENERAL OR SPECIAL ORDERS

Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the

Philippines shall be issued as general or special orders

Gen. Order No. 8 (2007).

ENSURING PRIORITY DEVELOPMENT SUPPORT FOR LOCAL PEACE INITIATIVES

ADMINISTRATIVE RULES AND REGULATIONS Rules and regulations issued pursuant to law by administrative and

judicial agencies

Usually issued by Heads of Department and Bureaus

IMPLEMENTING RULES AND REGULATIONS OFREPUBLIC ACT NO. 10625, OTHERWISE KNOWN AS

THE PHILIPPINE STATISTICAL ACT OF 2013

Sample Citation: DCI (Cooperatives) Adm. O. No. 1 (1963).

CHARTERS OFLOCAL GOVERNMENT UNITS

The laws under which a city or town or other municipal corporation exercises its privileges, performs its duties, and discharges its obligations, including all matters in which it has a direct interest and a right to regulate and control

Two main classes: (a) Created by statue and (b) Created and Adopted by the voters of a city or town by constitutional authorization

LEGISLATION OF LOCAL LEGISLATIVE BODIES

Refers to the power of a local legislative body to make rules in the form of ordinances and resolutions of local application that have the force and effect of law.

The 1991 Local GovernmentGovernment Code vests legislative power to the sanggunian at different levels of local government:

Sangguniang Panlawigan for provincesSangguniang Bayan for municipalitiesSangguniang Panlungsod for citiesSangguniang Barangay for barangays

In the autonomous regions of the country, legislation is made by the regional legislative assemblies, e.g. Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao.

Example:

ORDINANCE NO. 8323. AN ORDINANCE CREATING THE MANILA DISASTER RISK REDUCTION AND MANAGEMENT OFFICE, DEFINING ITS DUTIES AND RESPONSIBILITIES, PROVIDING THE NECESSARY FUNDS THEREFOR AND FOR OTHER PURPOSES. (Manila City, 2013).

Citation:

Manila Ordinance 8323, August 13, 2013.

TRIBUNAL OR COURT RULES

Internal rules of a court or agency with express quasi-judicial powers. They govern practice and procedures who come before the courts or tribunals

Shall apply in all the courts (including quasi-judicial), except as otherwise provided by the Supreme Court

These Rules shall be liberally construed in order to promote their objective of securing a just, speedy and inexpensive disposition of every action and proceeding.

Examples:Rules of CourtCivil ProcedureCriminal Procedure

Citation:

RULES OF COURT, Rule 130, sec. 2, par. (a).

Legislative Rules

Rules of procedure for the internal order of law making bodies

Both the Senate and House of Representatives have their separate rules

Examples:

Rules in Aid of LegislationRules on Impeachment Proceedings

Citation: RULES OF PROCEDURE GOVERNING INQUIRIESIN AID OF LEGISLATION OF THE HOUSE OF REPRESENTATIVES. sec. 3, par. (a).