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  • Statutory Construction Reviewer

    1E 2011-2012 1

    I. Background 1.1 The Philippine Legal System

    In re Shoop (November 29, 1920).

    Points to consider: 1. Difference between Civil Law and Common Law 2. Distinguish strains of common law: What are the bases? 3. How did the Court arrive at the conclusion that there is Anglo-American tradition? 4. What system is in place? 5. References to American jurisprudence 6. Laws superseded or modified 7. Identify what is that important question the Court needed to resolve and how it

    helped solve the Shoop case. FACTS: - Max Shoop is applying for admission to practice law in the Philippines under Par. 4 of the Rules for the Examination of Candidates for Admission to the Practice of Law. It was shown in his application that he was practicing for more than 5 years in the highest court of the State of New York. - The said rule requires that: New York State by comity confers the privilege of admission without examination under similar circumstances to attorneys admitted to practice in the Philippine Islands. Aside from comity, the satisfactory affidavits of applicants must show they have practiced at least 5 years in any (district or circuit or highest) court of the US or territory of it. But admission is still in the discretion of the court. - The rule of New York court, on the other hand, permits admission without examination in the discretion of the Appellate Division in several cases:

    1. Provided that the applicant also practiced 5 years as a member of the bar in the highest law court in any other state or territory of the American Union or in the District of Columbia

    2. The applicant practiced 5 years in another country whose jurisprudence is based on the principles of the English Common Law (ECL).

    ISSUE: WON, under the New York rule as it exists, the principle of comity is established. YES. HELD: - The Philippines is an UNORGANIZED TERRITORY of the US, under a civil government established by the Congress. - In interpreting and applying the bulk of the written laws of this jurisdiction, and in rendering its decisions in cases NOT covered by the letter of the written law, this court relies upon the theories and precedents of Anglo-American cases, subject to the limited exception of those instances where the remnants of the Spanish written law present well-defined civil law theories and of the few cases where such precedents are inconsistent with local customs and institutions. - The jurisprudence of this jurisdiction is based upon the English Common Law in its present day form of Anglo-American Common Law to an almost exclusive extent. - New York permits conferring privileges on attorneys admitted to practice in the Philippines similar to those privileges accorded by the rule of this court. - Petition granted. Decision is based on the interpretation of the NY rule; doesnt establish a precedent with respect to future applications.

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    Reasoning: On TERRITORY:

    a. Comity would exist if we are a territory of the US. b. We are NOT an organized territory incorporated into the United States but c. We are NOT a "foreign country" or "another country" either d. Like Puerto Rico, we may not be incorporated but we are a territory since the

    US Congress legislates for us and we have been granted a form of territorial government, so to that extent we are a territory according to the US Atty. Gen.

    e. It is not believed that the New York court intended the word "territory" to be limited to the technical meaning of organized territory or it would have used the more accurate expression.

    f. Therefore, we have a basis of comity to satisfy the first requirement since the full phraseology indicates a SWEEPING INTENTION to include ALL of the territory of the US.

    On COMMON LAW jurisdiction: (On what principle/s is/are the present day jurisprudence based?)

    g. In most of the States, including New York, codification and statute law have come to be a very large proportion of the law of the jurisdiction, the remaining proportion being a system of case law which has its roots, to a large but not exclusive degree, in the old English cases.

    h. In speaking of a jurisprudence "based on the English Common Law", it would seem proper to say that the jurisprudence of a particular jurisdiction is based upon the principles of that Common Law if its statute law and its case law to a very large extent includes the science and application of law as laid down by the old English cases, as perpetuated and modified by the American cases.

    i. Common Law adopted by decision: 1) In the US, the English Common Law (ECL) is blended with American

    codification and remnants of the Spanish and French Civil Codes. A legal metamorphosis has occurred similar to that which is transpiring in this jurisdiction today.

    2) New York uses the phrase "based on the English Common Law" in a general sense.

    3) And that such Common Law may become the basis of the jurisprudence of the courts where practical considerations and the effect of sovereignty gives round for such a decision.

    4) If in the Philippines, ECL principles as embodied in Anglo-American jurisprudence are used and applied by the courts to the extent that Common Law principles are NOT in conflict with the LOCAL WRITTEN laws, customs, and institutions as modified by the change of sovereignty and subsequent legislation, and there is NO OTHER FOREIGN case law system used to any substantial extent, THEN it is proper to say in the sense of the New York rule that the "jurisprudence" of the Philippines is based on the ECL.

    j. IN THE PHILIPPINE ISLANDS: 1) The extent of the English or Anglo-American Common Law here has not

    been definitely decided by the SC. But there is a similarity to the quotations from the American decisions cited with reference to the ECL.

    2) Alzua & Arnalot vs. Johnson: we apply Anglo-Am jurisprudence only in "xxxso far as they are founded on sound principles applicable to local

    1 : an inhabitant of the United States of English origin or descent2 : a North American whose native language is English and especially whose culture or ethnic background is of European origin

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    conditions, and are not in conflict with existing law; nevertheless, many of the rules, principles, and doctrines of the Common Law have, to all intents and purposes, been IMPORTED into this jurisdiction, a RESULT of the enactment of new laws and the organization of new institutions by the Congress of the USxxx"

    3) The Spanish judicial system was abrogated replaced with a new one modeled after the judicial systems of the US. Therefore, those Spanish doctrines and principles in conflict with the new one were abrogated.

    4) US v. De Guzman: For proper construction and application of the terms and provisions we borrowed from or modeled upon Anglo-Am precedents, we review the legislative history of such enactments.

    5) US v. Abiog and Abiog: The courts are constantly guided by the doctrines of Common Law. Neither ECL or American Common Law is in force in this Islandssave only in so far as they are founded on sound principles applicable to local conditions and aren't in conflict with existing law."

    6) What we have is a PHILIPPINE COMMON LAW influenced by the English Common Law or American Common Law.

    7) A great preponderance of the jurisprudence of our jurisdiction is based upon Anglo-American case law precedents exclusively in applying those statutory laws which have been enacted since the change of sovereignty and which conform more or less to the American statutes, and-to a large extent in applying and expanding the remnants of the Spanish codes and written laws.

    k. PHILIPPINE STATUTE LAW 1) The chief codes of Spain that were extended to us were as follows: Penal

    Code, Code of Commerce, Ley Provisional, Code of Criminal Procedure, and Code of Civil Procedure, Civil Code, Marriage Law, Mortgage Law, Railway laws, Law of Waters.

    2) There were also special laws having limited application. 3) The foregoing written laws had acquired the force of statute law by

    change of sovereignty. 4) There was no properly called Case Law of Spain since Spanish

    jurisprudence does not recognize the principle of Stare Decisis. 5) Manresa's discussion of Art. 6 of the Civil Code shows how far from a

    case law system is jurisprudence. Spanish courts are governed by: a) 1st, by written law b) 2nd, by the customs of the place (derives its force because it

    is the acknowledged manner on how things are done and not jurisprudence)

    c) 3rd, by judicial decision (when in practice, these were considered last; the development of case law was impeded because the courts were free to disregard any information or decisions of other courts.)

    d) 4th, by general principles of law

    l. SPANISH STATUTE LAW 1) All portions of political law were abrogated immediately with the change of

    sovereignty. 2) All Spanish laws, customs, and rights of property inconsistent with the

    Constitution and American principles and institutions were superseded.

    Judicial interpretation of a statute and is of greater weight than that of an executive or administrative officer in the construction of other statutes of similar import.

    Stare decisis et non quieta movere one should follow past precedents and should not disturb what has been settled.

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    3) It was as if Congress had enacted new laws for the Philippines modeled upon those same Spanish statutes.

    m. CASES UNDER AMERICAN DERIVED STATUTES 1) It appears that the bulk of present-day Statute Law is derivative from

    Anglo-American sources; derivative in a sense of having been COPIED, and in the sense of having been enacted by Congress or by virtue of its authority.

    2) In all of the cases, Anglo-American decisions and authorities are used and relied upon to a greater or less degree. Although in many cases, the use is by way of dictum, nevertheless, the net result is the building up of a very substantial elaboration of Anglo-American case law.

    n. CASES UNDER SPANISH STATUTES 1) We use Anglo-Am cases in interpreting and applying the remnants

    of the Spanish statutes thus showing how permanent the hold of the Anglo-Am Common Law has on our jurisprudence.

    2) Anglo-Am case law plays a very great part in amplifying the law on those subjects, which are still governed by the remaining portions of the Spanish statutes, as exhibited in the groups of cases cited in the footnotes.

    3) Anglo-Am case law has entered practically every field of law and in the large majority of such subjects has formed the sole basis for the guidance of the Court in developing jurisprudence.

    4) The result is that we've developed a Philippine Common Law which is based almost exclusively, except in cases where conflicting with local customs and institutions, upon Anglo-Am Common Law.

    o. COLLATERAL INFLUENCES 1) There are no digests of Spanish decisions to aid the study of Bench and

    Bar vs. the abundance of digests/reports/textbooks on English/Am. courts.

    2) There is a prolific use of Anglo-Am authorities in the decisions of the court, plus, the available sources for study and reference on legal theories are mostly Anglo-Am.

    3) Therefore, there has been developed and will continue a common law in our jurisprudence (i.e. Phil Common Law) based upon the ECL in its present-day form of an Anglo-Am CL, which is effective in all of the subjects of law in this jurisdiction, in so far as it does not conflict with the express language of the written law (where the remnants of the Spanish written law present well-defined civil law theories) or with the local customs and institutions.

    ____________________________________________________________

    1.2 Rules on Legislative Drafting (L. Gonzaga, Statutes and their Construction).

    Two distinct steps involved in legislative drafting: (E&T) 1. Formulation of the legislative policy ethical phase 2. Mechanics of bill drafting technical phase

    dictum- a judge's expression of opinion on a point other than the precise issue involved in determining a case

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    A. The Formulation of Policy

    Two kinds of policy: (BP & IO) 1. basic or ultimate policy

    - everyone is agreed that the law should be fair or certain, or should enhance public welfare

    - general or overall principle that everyone has agreed upon 2. immediate objective

    - what the proposed statute seeks to achieve - very often, comparatively simple - more specific and targeted

    Determination of public policy rests on the judgment of the legislators. In the formulation, different considerations enter like legislators background and personal preferences, pressure of organized groups, and prevailing demands and exigencies of the times.

    In formulation, lawmaker has to define the legislative pattern of his proposal by considering the situations and persons to be covered, the sanctions to be imposed, and the administrative machinery to be set up for enforcement.

    B. The Drafting of a Statute - Statutory drafting as a highly technical and difficult task - John Austin: Technical part is incomparably more difficult than the

    ethical part Two Requirements in legislative drafting as a technique: (ML-S & R)

    1. Mastery of language and Skills to embody the legislative proposal in a certain form and language that its provisions may be quickly found, easily comprehended, and promptly applied (Lord Bryce)

    2. Research Drafters must be accurately informed of: (FF, FPS-SJ, FPS-OJ, M, & CO)

    1. The exact state of facts in the field to which the law will relate 2. The form of previous statutes relating to the same subject in the

    same jurisdictions 3. The form of previous statutes relating to the same subject in other jurisdictions 4. The manner in which such statutes have actually operated 5. The consensus of opinion among experts as to the best method for

    meeting the problem. The Legislative Reference Service is an administrative division in each

    house of Congress which renders technical assistance to and aids members of Congress in drafting bills and resolutions; makes researches and up-to-date compilations and indexes of all Philippine laws and executive orders; and takes charge of the library of each house of Congress.

    C. Objectives of the Draftsmen Every law-writer should "make his readers understand what is

    commanded and what is forbidden by the law." - to be easily understood by those to whom it is directed

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    - should not adopt the style of literary composition, but should be "more like that of a man who writes directions on how to use a kodak or how to use a Burroughs Calculator

    This practice will ensure proper observance and help minimize problems in interpretation.

    Reasons why there will still be gaps and ambiguities that will need judicial construction, no matter how precise a statute is crafted: (DF & RC) 1. The difficulty to foresee all the possible consequences of legislative

    language in its relation persons and situations to which it might apply 2. The reluctance of courts in some cases to be hemmed in by words

    because they want to arrive at a certain result (no matter how articulate the words are)

    D. The Problems of Drafting Problems may relate to: (F-S-P or L)

    1. Form and structure of the statute and its provisions; or, 2. Language used

    Form and Structure of Statute - Problem of the draftsman: how to organize the sectional parts in a

    form and manner that will make a coherent and intelligible statute - Proper construction and logical development of the parts and

    sections are needed. - Legal requirement: (S & N-1P)

    a. Every act shall be divided into sections b. Each section shall be numbered and shall contain a single

    proposition or legislative idea - Dividing statutes into sections makes them flexible, which is

    essential to future amendment, to compromise in enactment, and to code revision.

    Length of Sections - Not subject to any rule because the amount/length of a single idea

    is hard to define - Sentences in each section must be brief as may be compatible

    with accuracy. - Shorter sentence: clearer to the eyes of the reader - Long sentences may be prevented by avoiding usage of

    meaningless and unnecessary words and repetitive words. Sentence Structure

    - 4 Element of a legislative declaration: (LS, LA/P, C, & C) a. Legal subject determines the extent of the applicability of

    the law Personal form: the person empowered/directed to do or

    prohibited from doing the thing Impersonal form: the thing to be done or to be left

    undone Accuracy in the description or enumeration is needed Rule: better to use personal form in describing the

    subject; impersonal form should be avoided as it uses passive verb (a weaker construction)

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    Use impersonal form if there is enumeration and repetition would make an awkward construction, as long as it does not make the law indefinite.

    Descriptive language: use present or historic present tense of the verb rather than future or imperative forms.

    b. Legal action or predicate gives force to the legislative declaration of policy

    Declares that the subject may/shall or may not/shall not do certain acts (personal form)

    Expresses what is enacted on the thing to be done or to be left undone (impersonal form)

    Should be expressed in a way that it will stand out prominently

    Mandatory law: shall or shall not Permissive law: may or may not Should be kept close to subject, uninterrupted by

    exceptions, provisos, or conditions c. Case limits the applicability of the law

    To describe the instances when the law is to operate Should be stated at the beginning of the declaration,

    preceding the subject (to be a fair notice that the law is limited)

    Use the words: where, when, in the event of, in case, if

    If single declaration applies to numerous cases, place the legal subject and action first, followed by a list of the cases

    Use the present tense or indicative mood rather than the future tense or subjunctive mood (latter is confused with imperative which is used in to state legal action)

    d. Condition defines the circumstances in which the law may be called into action

    To limit the operation of the legal action: same purpose as the case and used interchangeably (distinction is form)

    To limit the applicability of the case: another purpose Position: directly after the case it limits and before the

    legal action - Proper sentence structure depends upon the comprehension of

    these 4 elements and their correct arrangement. - Sequence: case condition legal subject legal action or

    predicate - Verb form: present indicative (to express continuing commands)

    The Problem of Language - Statutes should be written in "clear, simple, and concise

    language" but when they deal with technical matters (like laws regulating accounting practices, judicial procedures), specialized terms are unavoidable.

    - Clearness and simplicity: use plain and concise terms, exclude unnecessary words

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    - Conciseness: use exact term - Clarity: use uniform language (same word for same sense), avoid

    synonyms - Use present tense to convey continuing commands and to use fewer

    words. ____________________________________________________________

    II. STATUES AND THEIR ENACTMENT

    2.1. Laws and Statutes

    LAWS

    Refers to the whole body or system of law.

    A rule of conduct formulated and made obligatory legitimate power of the state.

    Includes (S-P-P-E-R-R-O):

    Statutes enacted by the legislature; PDs, and EOs issued by the President (President in the exercise

    of his legislative power); Presidential issuances (President in the exercise of his ordinance

    power); Rulings of the Supreme Court construing the law; Rules and regulations promulgated by administrative or executive

    officers pursuant to a delegated power; Ordinances passed by sanggunians of LGUs

    STATUTES

    An act of 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.

    Those passed by the (P-P-B-C):

    Philippine Commission Philippine Legislature Batasang Pambansa Congress of the Philippines

    ***Other laws which are of the same category and binding force as Statutes:

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    PDs of President Marcos (during Martial Law under the 1973 Constitution); and

    EOs of President C. Aquino (in the exercise of her legislative power during the revolutionary period under the Freedom Constitution

    2.2. Statutory Construction, Defined.

    - the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law.

    - the art of seeking the intention of the legislature in enacting a statute and applying it to a given state of facts. (Justice Martin)

    A judicial function is required when a statute is invoked and different interpretations are in contention.

    Judicial legislation vs. statutory construction:

    Where legislature attempts to do several things one which is invalid, it may be discarded if the remainder of the act is workable and in no way depends upon the invalid portion, but if that portion [of the act] is an integral part of the act, and its excision changes the manifest intent of the act by broadening its scope to include subject matter or territory which was not included therein as enacted, such excision is judicial legislation and not statutory construction.

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    2.3. Construction and Interpretation, Distinguished.

    2.4. Classification of Statutes

    A. TYPES OF STATUTES:

    I. Public Statute- one which affects the public at large or the whole community;

    A general classification of law, consisting generally of (C-A-C-I):

    Constitutional law; Administrative law; Criminal law; and International law

    Concerned with the (O-R-R-Re):

    Organization of the state Relations between the state and the people

    who compose it Responsibilities of public officers of the state, to

    each other, and to private persons, and Relations of state to one another. Public law

    may be general, local or special law.

    CONSTRUCTION

    INTERPRETATION

    The drawing of conclusions with respect to subjects that are

    beyond the direct expression of the text

    The process of discovering the true meaning of the language

    used.

    Limited to exploring the written text.

    The spirit of the law!

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    Classification of Public Statutes (Ge-Spe-Lo):

    General

    - applies to the whole state - operates throughout the state alike upon all the people or all of a class - one which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class

    Special

    - relates to particular persons or thing of a class or a particular community, individual or thing.

    Local - one whose operation is confined to a specific place or locality (e.g., municipal ordinance)

    II. Private Statutes - applies only to a specific person or subject

    (R-E-A-Ds relationships)

    Regulates, enforces, administers, and defines, relationships among individuals, associations and corporations.

    B. Classification of Statutes

    According to duration

    1. Permanent one whose operation is not limited in duration but continues until repealed.

    2. Temporary a statute whose duration is for a limited period of time fixed in the statute itself or whose life ceases upon the

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    happening of an event.

    According to operation (R-C-P-A-M-S)

    1. Remedial Law- providing means or method whereby causes of action may be affectuated, wrongs redressed and relief obtained; remedial by curing defects and adding to the means of enforcing existing obligations.

    2. Curative Statute a form of retrospective legislation which reaches back into the past to operate upon past events, acts or transactions in order to correct errors and irregularities and to render valid and effective many attempted acts which would otherwise be ineffective for the purpose intended.

    3. Penal Statute defines criminal offenses specify corresponding fines and punishments.

    4. Affirmative Statute directs the doing of an act, or declares what shall be done in contrast to a negative statute, which is one that prohibits the things from being done, or declares what shall not be done.

    5. Mandatory Statutes generic term describing statutes, which require and not merely permit a course of action.

    6. Substantive a law which creates, defines or regulates rights concerning life, liberty or property, or the powers of agencies or insturmentalities for the administration of public affairs

    According to application

    1. Prospective

    2. Retroactive

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    In respect to forms

    1. Affirmative Statute- directs the doing of an act, or declares what shall be done in contrast to a

    2. Negative Statute- one that prohibits the things from being done, or declares what shall not be done.

    Manner of referring statutes

    1. Public Acts passed by the Philippine Commission and the Philippine Legislature (1901-1935)

    2. Commonwealth Acts laws enacted during the Commonwealth (1936-1946)

    3. Republic Acts passed by the Philippine Congress (1946-1972, 1987) under the 1987 Constitution

    4. Batas Pambansa laws promulgated by the Batasang Pambansa

    5. By the serial number of a statute

    6. By the title of a statute

    2.5. Parts of a Statute

    2.5.1. Title

    *Constitution, Art. VI, Section 26(1). Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. mandatory provision

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    2 limitations upon the legislation

    Legislature is to refrain from conglomeration of heterogeneous subjects.

    The title of the bill is to be couched in a language sufficient to notify the legislators and the public and those concerned of the import of the single subject thereof

    a. ) Purpose (One title One subject Rule)

    to apprise the legislators of the object, nature and scope of the provisions of the bill

    to prevent the enactment into law of matters which have not received the notice, action and study of the legislators

    to prohibit duplicity in legislation

    to prevent hodge-podge or log-rolling of legislation

    to prevent surprise or fraud upon legislature, by means of provisions in bills of which the title gave no information

    to fairly apprise the people, through such publication of legislative proceedings, of the subjects of the legislation that are being heard thereon

    aimed against the evils of omnibus bills and log-rolling legislation as well as surreptitious or unconsidered enactments

    used as a guide in ascertaining legislative intent when the language of the act does not clearly express its purpose

    A name given to a legislative act which embraces many subjects.

    Such acts, besides being evident proofs of the ignorance of the makers of them, or of their want of good faith, are calculated to create a confusion which is highly prejudicial to the interests of justice. Instances of this wretched legislation are everywhere to be found.

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    Title

    -not required to be an index to the body of the act

    -not required to be comprehensive as to cover every single detail of the measure

    *To comply with the requirements, the title should:

    fairly indicate the general subject reasonably cover all provisions of the act; and not be calculated to mislead anyone

    One title One subject Rule:

    Congress: not required to fully index or catalog all the contents and the minute details therein

    Persons interested should be informed of the:

    Nature Scope Consequences

    Court: adopted a liberal (rather than a technical) construction of the rule, so as not to cripple or impede legislation.

    b.) Subject of repeal of statute

    Repealing section in a new statute is valid, notwithstanding that the title is silent on the subject.

    Where a statute repeals a former law, such repeal is the effect and not the subject of the statute

    c.) How requirement of title is construed

    of the proposed law, and its operation

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    Liberal construction Where there is doubt as to whether the title sufficiently expresses the subject mater of the statute, the question should be resolved against the doubt and in favor of the constitutionality of the statute.

    d.) When requirement not applicable

    Applies only to bills which may thereafter be enacted into law

    Does not apply to laws in force and existing at the time the 1935 constitution took effect.

    e.) Effect of insufficiency of title

    Statute (whose title does not comply w/ requirement) = null and void

    Where subject matter of a statute is not sufficiently expressed in its title, only so much of the subject matter as is not expressed therein is void, leaving the rest in force, unless that provision is inseparable to the others.

    CASES:

    Lidasan v. Commission on Elections, G.R. No. 29089, October 29, 1967, 21 SCRA 496 (1967) - Cotabato case

    FACTS: Lidasan is a resident of Parang, Cotabato. Later, RA 4790, which is entitled "An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur," was passed. Lidasan came to know later on that barrios Togaig and Madalum just mentioned are within the municipality of Buldon, Province of Cotabato, and that Bayanga, Langkong, Sarakan, Kat-bo, Digakapan, Magabo, Tabangao, Tiongko, Colodan, and Kabamakawan are parts and parcel of another municipality, the municipality of Parang, also in the Province of Cotabato

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    and not of Lanao del Sur. [Remarkably, even the Congressman of Cotabato voted in favor of RA 4790.] Pursuant to this law, COMELEC proceeded to establish precints for voter registration in the said territories of Dianaton. Lidasan then filed that RA 4790 be nullified for being unconstitutional because it did not clearly indicate in its title that it in creating Dianaton, it would be including in the territory thereof barrios from Cotabato.

    ISSUE: Is RA 4790, which created Dianaton but which includes barrios located in another province - Cotabato - to be spared from attack planted upon the constitutional mandate that "No bill which may be enacted into law shall embrace more than one subject which shall be expressed in the title of the bill?

    HELD: The baneful effect of the defective title here presented is not so difficult to perceive. Such title did not inform the members of Congress as to the full impact of the law; it did not apprise the people in the towns of Buldon and Parang in Cotabato and in the province of Cotabato itself that part of their territory is being taken away from their towns and province and added to the adjacent Province of Lanao del Sur; it kept the public in the dark as to what towns and provinces were actually affected by the bill that even a Congressman from Cotabato voted for it only to find out later on that it is to the prejudice of his own province. These are the pressures, which heavily weigh against the constitutionality of RA 4790.

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    Tobias v. Abalos, G.R. No. 114783, December 8, 1994, 239 SCRA 106 (1994) Mandaluyong case

    Facts: The value-added tax (VAT) is levied on the sale, barter or exchange of goods and properties as well as on the sale or exchange of services. RA 7716 seeks to widen the tax base of the existing VAT system and enhance its administration by amending the National Internal Revenue Code. There are various suits challenging the constitutionality of RA 7716 on various grounds. One contention is that RA 7716 did not originate exclusively in the House of Representatives as required by Art. VI, Sec. 24 of the Constitution, because it is in fact the result of the consolidation of 2 distinct bills, H. No. 11197 and S. No. 1630. There is also a contention that S. No. 1630 did not pass 3 readings as required by the Constitution. Issue: Whether or not RA 7716 violates Art. VI, Secs. 24 and 26(2) of the Constitution Held: The argument that RA 7716 did not originate exclusively in the House of Representatives as required by Art. VI, Sec. 24 of the Constitution will not bear analysis. To begin with, it is not the law but the revenue bill which is required by the Constitution to originate exclusively in the House of Representatives. To insist that a revenue statute and not only the bill which initiated the legislative process culminating in the enactment of the law must substantially be the same as the House bill would be to deny the Senates power not only to concur with amendments but also to propose amendments. Indeed, what the

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    Constitution simply means is that the initiative for filing revenue, tariff or tax bills, bills authorizing an increase of the public debt, private bills and bills of local application must come from the House of Representatives on the theory that, elected as they are from the districts, the members of the House can be expected to be more sensitive to the local needs and problems. Nor does the Constitution prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, so long as action by the Senate as a body is withheld pending receipt of the House bill. The next argument of the petitioners was that S. No. 1630 did not pass 3 readings on separate days as required by the Constitution because the second and third readings were done on the same day. But this was because the President had certified S. No. 1630 as urgent. The presidential certification dispensed with the requirement not only of printing but also that of reading the bill on separate days. That upon the certification of a bill by the President the requirement of 3 readings on separate days and of printing and distribution can be dispensed with is supported by the weight of legislative practice.

    2.5.2. Enacting Clause

    That part of a statute written immediately after the title thereof which states the authority by which the act is enacted

    Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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    2.5.3. Preamble

    A prefatory statement or explanation or a finding of facts, reciting the purpose, reason or occasion form making the law to which it is prefixed.

    Usually found after the enacting clause and before the body of the law.

    Legislature seldom puts a preamble to a statute it enacts to law; it is put in the explanatory note, or that statement embodying the purpose, reason, or occasion for the enactment of the law.

    PDs and EOs generally have preambles, because there is no better place than in the preamble can the reason and purpose of the decree be stated.

    Plays an important role in the construction of PDs.

    2.5.4. Purview or body of statute

    That part which tells what the law is all about.

    Should embrace only one subject matter.

    A complex and comprehensive piece of legislation usually contains (in proper sequence):

    a short title; policy section; definition section; administrative section; sections prescribing standards of conduct; section imposing sanctions for violation of its provisions; transitory provision; separability clause; repealing clause; and effectivity clause

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    2.5.5. Other clauses

    Separability Clause

    States that if any provision of the act is declared invalid, the remainder shall not be affected thereby.

    A legislative expression of intent that the nullity of one provision shall not invalidate the other provisions of the act.

    Not controlling; courts may invalidate the whole statute where what is left is not complete and workable.

    **It is presumed that the legislature intended a statute to be effective as a whole and would not have passed it had it foreseen that some part of it is invalid.

    Effect of a separability clause:

    To create in the place of such presumption** the opposite one of separability.

    Repealing Clause announces the prior statutes or specific provisions, which have been abrogated by reason of the enactment of the new law.

    Saving Clause 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.

    Effectivity Clause

    The provision that states when the law takes effect.

    Usually, provision states that it shall take effect 15 days from publication in the Official Gazette or in a newspaper of general circulation.

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    2.5.6. Drafting of a Sample Bill (*see 1.2. Rules on Legislative Drafting)

    2.6. Steps in the Enactment of the Statute

    1987 Constitution, Article 6, Section 26 (2). No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

    1987 Constitution, Art. VI, Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it. (2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

    The legislative power shall be vested in the Congress of the

    Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by provision on initiative and referendum. (Sec.1, Art.6, 1987 Constitution)

    Legislative power power to make, alter, and repeal laws.

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    Provisions of the Constitution are either: (SE & NSE)

    1. Self-executing Congress still not prevented from enacting further laws

    2. Non-self-executing require the Congress to enact enabling legislations

    Procedural requirements in enacting a law: (C & R)

    Basic: passage of a bill into a law 1. In the manner the Constitution provides and in accordance with the

    procedure it provides.

    2. According to the detailed procedure in the Rules of both Houses of Congress, pursusant to the Constitutional mandate.

    A statute starts with a bill.

    Bill the draft of a proposed law from the time of its introduction in a legislative

    body through all the various stages in both houses. It is enacted into law by a vote of the legislative body.

    Act the appropriate term after a bill has been acted on and passed by the

    legislature. It then becomes a statute, the written will of the legislature solemnly expressed according to the form necessary to constitute it as the law of the state.

    Steps in the passage of bills: (1R, 2R, 3R, CCM, A, & A/V)

    Bill a proposed legislative measure that may originate from either House and is: (I, S, & F)

    a. Introduced by a member or members of Congress b. Signed by the authors c. Filed with the Secretary of the House

    Bills that should originally and exclusively come from the House of Representatives: (ART, IPD, LA, & P) a. Appropriation, revenue, or tariff bills

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    b. Bills authorizing increase of public debt c. Bills of local application d. Private bills

    A. First Reading of Bill

    - Secretary reports the bill for first reading - Reading the number and title of the bill, referral to the appropriate

    Committee for study and recommendation - Committee may hold public hearings and submit its report and

    recommendation - Calendar for second reading

    B. Second Reading

    - Bill is read in full with the amendments proposed by the Committee - Debates, motions, and amendments - After amendments, there will be a voting - If approved, included in the calendar for third reading

    C. Third Reading

    - Approved bill on second reading will be subject to yeas and nays of the members

    - No more amendments can be introduced

    D. Conference Committee Meetings - Bill approved on third reading is transmitted to the other House for

    concurrence - Same route will be followed - If approved without amendment, it is passed by Congress and transmitted

    to the President - If amendments are introduced and the House of origin does not agree,

    differences will be settled by the Conference Committee Meetings of both Houses

    - The Committees report or recommendation shall be approved y both Houses to pass the bill and be sent to the President

    - The mechanism for compromising differences between Senate and HR - May deal generally with the subject matter - May produce unexpected results beyond its mandate - May include an entirely new provision in its report - the third body of the legislature - Only requirement for Conference Committee Reports: be approved by

    both Houses

    E. Authentication of Bills - Approval of bill: indispensible to its validity

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    - Authenticated before sent to the President - System of authentication: signing by the Speaker and Senate President of

    the printed copy of the approved bill, certified by the respective secretaries of both Houses

    - To signify to the President that the bill presented to him has been approved by Congress and is ready for his approval or rejection

    F. Presidents Approval or Veto 1. Approved: signed by the President 2. Vetoed: return the bill with his objections to the House of origin

    - Objections be entered into the Journal - Reconsideration and 2/3 vote of all members of the House agree to pass

    the bill - Sent to the other House with objections - Reconsideration and approved by 2/3 vote of all member of the House - Becomes a law - Votes of each House determined by yeas and nays and names of

    members voting for or against be entered in its Journal

    3. Approved: Not acted upon within 30 days after the date of receipt - As if signed by the President

    Constitutional Tests in the Passage of a Bill: (1S-1T, 3R-3SD, & PP)

    1. One subject One title

    - Every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof.

    - Purpose: a. To prevent hodge-podge or log-rolling legislation b. To prevent surprise or fraud upon the legislature c. To fairly apprise the people, through such publications of legislative

    proceedings as is usually made, of the subjects of legislation that are being considered, in order that they may have opportunity of being heard thereon by petition or otherwise, if they shall so desire.

    2. Three reading on three separate days - No bill passed by either House shall become law unless it has passed

    three readings on separate days, and printed copies thereof in its final form have been distributed to each member three days before its passage.

    3. Presentation to the President - Every bill passed by the Congress shall, before it becomes a law, be

    presented to the President. The executive approval and veto power of the

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    President is the third important constitutional requirement in the mechanical passage of a bill.

    CASES:

    Commissioner of Internal Revenue v. Court of Tax Appeals, G.R. No. 47421, May 14, 1990, 185 SCRA 329 (1990) Catering case

    FACTS: Manila Golf & Country Club, Inc., a non-stock corporation who maintains a golf course and operates a clubhouse with a lounge, bar & dining room exclusively for its members & guests claims that they should have been exempt from payment of privilege taxes were it not for the last paragraph of Section 191-A of RA No. 6110, otherwise known as "Omnibus Tax Law". By virtue of RA No. 6110, the CIR assessed the Manila Golf and Country Club fixed taxes as operators of golf links and restaurant, and also percentage tax (caterer's tax) for its sale of foods and fermented liquors/wines for the period covering September 1969 to December 1970 in the amount of P32,504.96 in which the club protested claiming the assessment to be without basis because Section 42 was vetoed by then President Marcos. CIR denied the protestation of the club, who maintain that Section 42 was not entirely vetoed but merely the words "hotel, motels, resthouses" on the ground that it might restrain the development of hotels which is essential to the tourism industry. ISSUE: Whether or not the presidential veto referred to the entire section or merely to the imposition of 20% tax on gross receipt of

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    operators or proprietors of restaurants, refreshment parlors, bars and other eating places which are maintained within the premises or compound of a hotel, motel or resthouses. DECISION: The presidential veto referred merely to the inclusion of hotels, motels, and rest houses in the 20% caterer's tax bracket but not to the whole section. It was then agreed by the SC with then Solicitor General Estelito Mendoza and his associates that inclusion of hotels, motels, and rest houses in the 20% caterer's tax bracket are "items" in themselves within the meaning of Sec. 20(3), Article VI of the 1935 Constitution. The Petition is granted. Sec. 191-A of RA 6110 is valid and enforceable, hence the Manila Golf and Country Club, Inc is liable for the amount assessed against it.

    Tolentino v. Secretary of Finance, G.R. Nos. 115455, 11525, 115343-44, 115754, 115852, 115873 & 115931, August 25, 1994, 253 SCRA 630 (1994) VAT case

    Facts: The value-added tax (VAT) is levied on the sale, barter or exchange of goods and properties as well as on the sale or exchange of services. RA 7716 seeks to widen the tax base of the existing VAT system and enhance its administration by amending the National Internal Revenue Code. There are various suits challenging the constitutionality of RA 7716 on various grounds. One contention is that RA 7716 did not originate exclusively in the House of Representatives as required by Art. VI, Sec. 24 of the Constitution, because it is in fact the result of the consolidation of 2 distinct bills, H. No. 11197 and S. No. 1630. There

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    is also a contention that S. No. 1630 did not pass 3 readings as required by the Constitution. Issue: Whether or not RA 7716 violates Art. VI, Secs. 24 and 26(2) of the Constitution

    Held: The argument that RA 7716 did not originate exclusively in the House of Representatives as required by Art. VI, Sec. 24 of the Constitution will not bear analysis. To begin with, it is not the law but the revenue bill which is required by the Constitution to originate exclusively in the House of Representatives. To insist that a revenue statute and not only the bill which initiated the legislative process culminating in the enactment of the law must substantially be the same as the House bill would be to deny the Senates power not only to concur with amendments but also to propose amendments. Indeed, what the Constitution simply means is that the initiative for filing revenue, tariff or tax bills, bills authorizing an increase of the public debt, private bills and bills of local application must come from the House of Representatives on the theory that, elected as they are from the districts, the members of the House can be expected to be more sensitive to the local needs and problems. Nor does the Constitution prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, so long as action by the Senate as a body is withheld pending receipt of the House bill The next argument of the petitioners was that S. No. 1630 did not pass 3 readings on

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    separate days as required by the Constitution because the second and third readings were done on the same day. But this was because the President had certified S. No. 1630 as urgent. The presidential certification dispensed with the requirement not only of printing but also that of reading the bill on separate days. That upon the certification of a bill by the President the requirement of 3 readings on separate days and of printing and distribution can be dispensed with is supported by the weight of legislative practice.

    2.7. Evidence of Due Enactment of Statutes 2.7.1. Enrolled Bill Theory

    Enrolled Bill the bill as passed by Congress, authenticated by the

    Speaker and Senate President and approved by the President

    Enrolled Bill Theory the enrolled bill is conclusive upon the courts not only of its provisions but also of its due enactment.

    - Bills passed by Congress, signed by the Speaker and the Senate

    President and certified by their respective Secretaries, and approved by the President imports absolute verity and is binding on the courts

    - Reason why it is accorded conclusive verity: Carries on its face a solemn assurance by the legislative and executive departments that it was passed by the assembly

    - Courts cannot go behind the enrolled act to discover what really happened due to respect to the legislative and executive departments; otherwise would result to impairment of the integrity of the legislative process

    - In case of mistake in the printing of the bill before it was certified by the s of the assembly and approved by the Chief Executive, the remedy is by amendment through enacting a curative legislation, not by judicial decree.

    Enrolled bills and legislative journals are conclusive upon the courts

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    If there is discrepancy between enrolled bill and journal, enrolled bill prevails especially to matter not expressly required to be entered in the journal

    CASES:

    Mabanag v. Lopez Vito, No. L- 1123, March 5, 1947, 277 SCRA 268 (1997)

    FACTS: This is a petition for prohibition to prevent the enforcement of a congressional resolution designated Resolution of both houses proposing an amendment to the Constitution of the Philippines to be appended as an ordinance thereto. The petitioners contend that their votes were not taken into consideration in requiring that in amending the constitution, the law requires 3/4 of the votes of the member of the Congress thus arriving in the question of constitutionality of the said resolution.

    ISSUES: Whether or not the Court has jurisdiction and whether or not the journals can be investigated against the conclusiveness of the enrolled bills.

    HELD: Petition is dismissed without cost. The Court held that to go behind the enrolled bills which were already authenticated and to investigate the journals amounts to disregard of the respect due to the coequal and independent department of the state, and it would be an inquisition into the conduct of the members of the legislature, a very delicate power, the frequent exercise of which must lead to confusion in the administration of the law. Duly certified copies shall be conclusive proof of the provisions of Acts and the due enactment thereof.

    Points to consider for Mabanag vs. Lopez Vito:

    Two methods of proving legislative proceedings that were cited in the case:

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    Journal

    Copy of the acts signed by President

    Casco Philippines Chemical Co. Inc. v. Gimenez , No. L- 17931, March 28, 1963, 7 SCRA 347 (1963)

    FACTS: This is a petition for review of a decision of the Auditor General denying a claim for refund of petitioner Casco Philippine Chemical Co., Inc. The Central Bank issued Circulars fixing a uniform margin fee of 25% on foreign exchange transactions. The bank also issued memorandum establishing the procedure for the applications for exemption from the payment of said fee as provided by RA 2609. CASCO is a manufacturing firm engaged in the making of plywood and other similar items wherein one of their production inputs is UREA and FORMALDEHYDE. In two of their import transactions, they paid the required margin fee. In both of their transactions, they filed a request of refund to the Central Bank and the CB issued the vouchers but was refused by the Auditor of the Bank. The refusal was also affirmed by the Auditor General. The refusal was based on the fact that the separate importation of UREA and FORMALDEHYDE is not in accord with the provisions of RA#2609.

    ISSUES: Whether or not the separate importation of UREA and FORMALDEHYDE is allowed under RA#2609.

    HELD: The National Institute of Science and Technology defines UREA FORMALDEHYDE as

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    Urea formaldehyde is not a chemical solution. It is the synthetic resin formed as a condensation product from definite proportions of urea and formaldehyde under certain conditions relating to temperature, acidity, and time of reaction. This produce when applied in water solution and extended with inexpensive fillers constitutes a fairly low cost adhesive for use in the manufacture of plywood.

    Hence, urea formaldehyde is clearly a finished product, which is patently distinct and different from urea and formaldehyde, as separate articles used in the manufacture of the synthetic resin known as urea formaldehyde.

    If there has been any mistake in the printing of the bill before it was certified by the officers of Congress and approved by the Executive on which we cannot speculate, without jeopardizing the principle of separation of powers and undermining one of the cornerstones of our democratic system the remedy is by amendment or curative legislation, not by judicial decree. Decision appealed from is hereby affirmed, with cost against the petitioner.

    Morales v. Subido , G.R. No. 29658, November 29, 1968, 26 SCRA 150 (1968)

    FACTS: In the Senate, the Committee on Government Reorganization, to which House Bill No. 6951 was referred, reported a substitute measure. It is to this substitute billthat section 10 of the Act owes its present form and substance. The provision of the substitute bill reads:

    No person may be appointed chief of the city police agency unless he holds a bachelors degree and has served either in the Armed Forces of the Philippines or the

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    National Bureau of Investigation or police department of any city and has held the rank of captain or its equivalent therein for at least three years or any highschool graduate who has served the police department of a city for at least 8 years with the rank of captain or higher. (Rodrigo Amendment) The petitioner asserted that there were various changes made in House Bill6 9 5 1 a n d a c c o r d i n g t o t h e P e t i t io n e r t h e H o u s e b i l l d i v i s i o n d e l e t ed a n e n t i r e provision and substituted what is now section 10 of the Police Act of 1966, which section reads: Minimum qualification for appointment as Chief of Police Agency. No person may be appointed chief of a city police agency unless he holds a bachelors degree from a recognized institution of learning and has served as chief of police with exemplary record or has served in the police department of any city with the rank of c a p t a i n o r i t s e q u i v a l e n t t h e re i n f o r a t l e a s t t h r e e y e a r s ; o r a n y h i g h s c h o o l graduate who has served as officer in the Armed Forces for at least eight years with the rank of captain and/higher. Petitioner even submitted documents that would appear that the omission of the phrase who served the police department of a city was made not at any stage of the legislative proceedings but only in the course of engrossment of the bill, more s p e c i f i c a l l y i n t h e p r o o f r e a d i n g s t a g e a n d t h a t t h e c h a n g e w a s n o t m a d e b y Congress but only by an employee. It is for this reason that the Petitioner would have the court look searchingly into the matter. ISSUE: Whether the Judiciary can assail the validity of an enrolled bill by investigating the legislative process.

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    RULING: Negative, the Judiciary cannot be a sleuth trying to determine what actually h a p p e n i n t h e p r o c e s s o f l a w ma k i n g w i t h o u t j e o p a r d i z i n g t h e p r i n c i p l e o f separation of powers and undermining one of the cornerstone of our democratic system. The investigation, which the Petitioner would like the Court to make can be better done in Congress. The enrolled bill prevails in any discrepancy.

    2.7.2. Journal Entry Rule

    (Legislative) Journal the records of legislative proceedings in accordance to the rules of proceedings of each House

    - shall be published from time to time, excepting such parts that

    may affect national security - regarded as conclusive with respect to matters that are

    required by the Constitution to be recorded therein

    other matters, journal shall still control in the absence of evidence to the contrary.

    - entries and records are conclusive upon the courts

    Characteristics: (P & P) 1. Public 2. Permanent

    Contents (as required by the Constitution): (R, Y/N1/5, Y/N3R, OV, NOV)

    1. Records of legislative proceedings 2. Yeas and nays on any question at the request of 1/5 of the

    members present 3. Yeas and nays taken immediately during the third reading

    of a bill where no amendment is allowed 4. Objections of the President to a vetoed bill 5. Names of member voting for or against overriding the

    veto

    Journal Entry Rule the evidence appearing in legislative journals may help determine the validity of a statute that has been challenged on

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    constitutional grounds. Nevertheless, the enrolled bill is the only prima facie evidence valid.

    Conflict between enrolled bill and journal

    - Enrolled bill is controlling except as to matters which the Constitution

    requires to be recorded in the journal, in such case the journal will prevail

    *** Effect of the Withdrawal of Authenticity:

    - If there is serious and substantial discrepancy between the text as deliberated in the legislature and shown by the journal and the text of the enrolled bill

    - The Speaker and Senate President withdraws their signatures from the enrolled bill

    Withdrawal makes the bill without attestation and nullifies it as an enrolled bill

    - Bill is no longer accorded absolute verity - Journal entries shall be consulted

    Court can declare that the bill has not been duly enacted and did not accordingly become a law

    -When the journal discloses that substantial amendments were introduced and approved but were not incorporated in the text sent to President for signature.

    CASE:

    Astorga v. Villegas , G.R. No. 23475, March 28, 1963, 7 SCRA 347 (1963)

    Facts: House Bill No. 9266 which was filed in the House of Representatives passed on 3rd reading without amendments. It was sent to the Senate for concurrence and it was referred to the appropriate Senate Committee, which recommended approval with a minor amendment recommended by Senator Roxas. (instead of the City Engineer it be the President Protempore of the Municipal Board who should succeed the Vice-Mayor in case of the latters incapacity to act as Mayor). When the bill

    Duties, rights and function of vice mayor

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    was discussed on the Senate Floor, substantial amendments to Section 1 was introduced by Senator Tolentino, which amendments were approved in toto by the Senate. Secretary of the Senate sent a letter to the House of Representatives that the House Bill had been passed by the Senate by the Senate with amendments. Attached was a certification of the amendment, which was the one recommended by Senator Roxas, and not the Tolentino amendments which were the ones actually approved by the Senate. House of Representatives signified their approval. The printed copies were then certified and attested to by the Secretaries of Senate and House of representatives and the Senate President. The bill with the Roxas amendments were signed by the president of the Philippines and it was subsequently named RA 4065.

    It was later made public by Senator Tolentino that the enrolled copy of HB 9266 signed into law by the President was a wrong version of the bill actually passed by the Senate and approved on the Senate Floor. Senate President admitted the mistake in a letter to the President. As a result, the president sent a message to the presiding officer of both houses that he was officially withdrawing his signature from HB 9266.

    Mayor of Manila issued circulars ordering the disregard of the provisions of RA 4605. He also issued an order recalling 5 members of the city police who had been assigned to the Vice-Mayor presumably under the authority of RA 4065. Vice Mayor Astorga filed this petition with the court.

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    Respondents contend that RA 4065 never became law since it was not the bill actually passed by the Senate, and that the entries in the journal of that body and not the enrolled bill itself should be decisive in the resolution of the issue.

    Issues: 1. WON the attestation of the presiding officers of Congress is conclusive proof of a bills due enactment. 2. WON RA 4065 can be considered as valid in the absence of the attestation required

    Held: 1. No. Senate President declared that his signature on the bill to be invalid and issued a subsequent clarification that the invalidation of his signature meant that the bill he had signed had never been approved by the Senate. This declaration should be accorded greater respect than the attestation that it invalidated. Certification that was made by the presiding officer is merely a mode of authentication. The essential thing is the approval of congress and not the signature of the presiding officers. Function of attestation is not approval because a bill is considered approved after it has passed both houses. Constitution does not even provide that the presiding officer should sign the bill before it is submitted to the president. Rationale of the enrolled bill theory the signing by the speaker of the House of Representatives and by the president of the Senate, in open session, of an enrolled bill, is an official attestation by the two houses, through their presiding officers, to the president, that a bill, thus attested, has received, in due form, the sanction of the legislative branch of the

    Attestation

    The act of witnessing someone sign a legal document, for example a will or power of attorney, and then signing your own name as a witness attesting that the person who signed the document is that person and that you watched that person sign the document. When a person attests to a document, that person only vouches for the validity of the signature, not the document's accuracy or truthfulness.

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    government, and it is delivered to him in obedience to the constitutional requirement that all bills which pass Congress shall be presented to him. (Field vs. Clark) Enrolled bill theory based mainly on the respect due to coequal and independent departments which requires the judicial department to accept as having passed Congress, all bills authenticate in the manner stated.

    2. No. Petitioner agrees that the attestation in the bill is not mandatory but he argues that the disclaimer thereof by the Senate President, granting that it to have been validly made, would only mean that there was no attestation at all but would not affect the validity of the statute. The argument of the petitioner would limit the courts inquiry to the presence or absence of the attestation and to the effect of its absence upon the validity of the statute. Absent such attestation as a result of the disclaimer, and consequently there being no enrolled bill to speak of, what evidence is there to determine within the bill had been duly enacted? In such case, the entry in the journal should be consulted. The journal discloses that substantial and lengthy amendments were introduced on the floor and approved by the Senate but were not incorporated in the printed text sent to the president and signed by him. Bill was not duly enacted and therefore did not become law.

    III. Effect and Application of Statutes

    3.1 When Statute Becomes Effective

    Civil Code, Article 2 and Executive Order No. 200 (1987) as incorporated

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    in E.O. 292, sec 18

    Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation, unless it is otherwise provided

    CASES:

    Tanada v. Tuvera, G.R. No. 63915, December 29, 1986, 146 SCRA 446 (1986)

    FACTS: Invoking the people's right to be informed on matters of public concern, a right recognized in the Constitution, as well as the principle that laws to be valid and enforceable must be published in the OG or otherwise effectively promulgated, petitioners seek a writ of mandamus to compel respondent public officials to publish, and/or cause the publication in the OG of various PDs, LOIs, general orders, proclamations, EOs, letters of implementation and administrative orders. Respondents contend, among others that publication in the OG is not a sine qua non requirement for the

    effectivity of laws where the laws themselves provide for their own effectivity dates. It is thus submitted that since the presidential issuances in question contain special provisions as to the date they are to take effect, publication in the OG is indispensable for their effectivity. The point stressed is anchored on Art. 2 of NCC.

    HELD: The interpretation given by respondent is in accord w/ this Court's construction of said article. In a long line of decisions, this Court has ruled that publication in the OG is necessary in those

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    cases where the legislation itself does not provide for its effectivity date-- for then the date of publication is material for determining its date of effectivity, w/c is the 15th day following its publication-- but not when the law itself provides for the date when it goes into effect.

    Respondent's argument, however, is logically correct only insofar as it equates the effectivity of laws w/ the fact of publication. Considered in the light of other statutes applicable to the issue at hand, the conclusion is easily reached that said Art. 2 does not preclude the requirement of publication in the OG, even if the law itself provides for the date of its effectivity.

    xxx The publication of all presidential issuances "of a public nature" or "of general applicability" is mandated by law. The clear object of the law is to give the general public adequate notice of the various laws w/c are to regulate their actions and conduct as citizens. W/o such notice and publication, there would be no basis for the application of the maxim "ignorantia legis non excusat." It would be the height of injustice to punish or otherwise burden a citizen for the transgression of a law of w/c he had no notice whatsoever, not even a constructive one. It is needless to say that the publication of presidential issuances "of a public nature" or "of general applicability" is a requirement of due process. It is a rule of law that before a person may be bound by law, he must first be officially and specifically informed of its contents.

    3.2 When Regulations Becomes Effective

    E.O. 292 Book VII Sections 2-9

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    Section 2. General Terms Defined. - Unless the specific words of the text, or the context as a whole, or a particular statute, shall require a different meaning:

    (1) Government of the Republic of the Philippines refers to the corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the various arms through which political authority is made effective in the Philippines, whether pertaining to the autonomous regions, the provincial, city, municipal or barangay subdivisions or other forms of local government.

    (2) National Government refers to the entire machinery of the central government, as distinguished from the different forms of local governments.

    (3) Local Government refers to the political subdivisions established by or in accordance with the Constitution.

    (4) Agency of the Government refers to any of the various units of the Government, including a department, bureau, office, instrumentality, or government-owned or controlled corporations, or a local government or a distinct unit therein.

    (5) National Agency refers to a unit of the National Government.

    (6) Local Agency refers to a local government or a distinct unit therein.

    (7) Department refers to an executive department created by law. For purposes of Book IV, this shall include any instrumentality, as herein defined, having or assigned the rank of a department, regardless of its name or designation.

    (8) Bureau refers to any principal subdivision or unit of any department. For purposes of Book IV, this shall include any principal subdivision or unit of any instrumentality given or assigned the rank of a bureau, regardless of actual name or designation, as in the case of department-wide regional offices.

    (9) Office refers, within the framework of governmental organization, to any major functional unit of a department or bureau including regional offices. It may also refer to any position held or occupied by individual persons, whose functions are defined by law or regulation.

    (10) Instrumentality refers to any agency of the National Government, not integrated within the department framework vested within special functions or jurisdiction by law, endowed with some if not all corporate powers, administering special funds, and enjoying operational autonomy, usually through a charter. This term includes regulatory agencies, chartered institutions and government-owned or controlled corporations.

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    (11) Regulatory agency refers to any agency expressly vested with jurisdiction to regulate, administer or adjudicate matters affecting substantial rights and interests of private persons, the principal powers of which are exercised by a collective body, such as a commission, board or council.

    (12) Chartered institution refers to any agency organized or operating under a special charter, and vested by law with functions relating to specific constitutional policies or objectives. This term includes the state universities and colleges and the monetary authority of the State.

    (13) Government-owned or controlled corporation refers to any agency organized as a stock or non-stock corporation, vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the Government directly or through its instrumentalities either wholly, or, where applicable as in the case of stock corporations, to the extent of at least fifty-one (51) per cent of its capital stock: Provided, That government-owned or controlled corporations may be further categorized by the Department of the Budget, the Civil Service Commission, and the Commission on Audit for purposes of the exercise and discharge of their respective powers, functions and responsibilities with respect to such corporations.

    (14) "Officer" as distinguished from "clerk" or "employee", refers to a person whose duties, not being of a clerical or manual nature, involves the exercise of discretion in the performance of the functions of the government. When used with reference to a person having authority to do a particular act or perform a particular function in the exercise of governmental power, "officer" includes any government employee, agent or body having authority to do the act or exercise that function.

    (15) "Employee", when used with reference to a person in the public service, includes any person in the service of the government or any of its agencies, divisions, subdivisions or instrumentalities.

    CASES: Quo Po Lay

    Yaokasin V. Commissioner of Customs

    Que po lay

    Facts:

    Po Lay was accused of violating Circular No. 20 of the Central Bank compelling those who had foreign currency to sell the same to the Central Bank. Po Lay alleged that as the circular had not yet been published in the Official Gazette before he committed the act, the circular should have no effect on his act and therefore, he should be acquitted.

    Issue/s:

    Is Po Lay's claim valid?

    Held:

    Yes. Po Lay is correct for the circular has the force of law, and should have been published. Moreover, as a rule, circulars which prescribe a penalty for their violation should be published before becoming effective. This is based on the general principle and theory that before the public is bound by its contents, especially its penal provisions, a law, a regulation or circular must first be published, and the people officially and specifically informed of said contents and the penalties for violation thereof.

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    3.3 When Ordinance Take Effect

    Section 54. Approval of Ordinances.

    (a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang panlungsod, or sangguniang bayan shall be presented to the provincial governor or city or municipal mayor, as the case may be. If the local chief executive concerned approves the same, he shall affix his signature on each and every page thereof; otherwise, he shall veto it and return the same with his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its members, thereby making the ordinance or resolution effective for all legal intents and purposes.

    (b) The veto shall be communicated by the local chief executive concerned to the sanggunian within fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a municipality; otherwise, the ordinance shall be deemed approved as if he had signed it.

    (c) Ordinances enacted by the sangguniang barangay shall, upon approval by the majority of all its members, be signed by the punong barangay.

    Section 55. Veto Power of the Local Chief Executive. -

    (a) The local chief executive may veto any ordinance of the sanggunian panlalawigan, sangguniang panlungsod, or sanggunian bayan on the ground that it is ultra vires or prejudicial to the public welfare, stating his reasons therefor in writing.

    (b) The local chief executive, except the punong barangay, shall have the power to veto any particular item or items of an appropriations ordinance, an ordinance or resolution adopting a local development plan and public investment program, or an ordinance directing the payment of money or creating liability. In such a case, the veto shall not affect the item or items which are not objected to. The vetoed item or items shall not take effect unless the sanggunian overrides the veto in the manner herein provided; otherwise, the item or items in the appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be deemed reenacted.

    (c) The local chief executive may veto an ordinance or resolution only once. The sanggunian may override the veto of the local chief executive concerned by two-thirds (2/3) vote of all its members, thereby making the ordinance effective even without the approval of the local chief executive concerned.

    Section 56. Review of Component City and Municipal Ordinances or Resolutions by the

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    Sangguniang Panlalawigan.

    (a) Within three (3) days after approval, the secretary to the sanggunian panlungsod or sangguniang bayan shall forward to the sangguniang panlalawigan for review, copies of approved ordinances and the resolutions approving the local development plans and public investment programs formulated by the local development councils.

    (b) Within thirty (30) days after the receipt of copies of such ordinances and resolutions, the sangguniang panlalawigan shall examine the documents or transmit them to the provincial attorney, or if there be none, to the provincial prosecutor for prompt examination. The provincial attorney or provincial prosecutor shall, within a period of ten (10) days from receipt of the documents, inform the sangguniang panlalawigan in writing of his comments or recommendations, which may be considered by the sangguniang panlalawigan in making its decision.

    (c) If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond the power conferred upon the sangguniang panlungsod or sangguniang bayan concerned, it shall declare such ordinance or resolution invalid in whole or in part. The sangguniang panlalawigan shall enter its action in the minutes and shall advise the corresponding city or municipal authorities of the action it has taken.

    (d) If no action has been taken by the sangguniang panlalawigan within thirty (30) days after submission of such an ordinance or resolution, the same shall be presumed consistent with law and therefore valid.

    Section 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang Bayan. -

    (a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all barangay ordinances to the sangguniang panlungsod or sangguniang bayan concerned for review as to whether the ordinance is consistent with law and city or municipal ordinances.

    (b) If the sangguniang panlungsod or sangguniang bayan, as the case may be, fails to take action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be deemed approved.

    (c) If the sangguniang panlungsod or sangguniang bayan, as the case may be, finds the barangay ordinances inconsistent with law or city or municipal ordinances, the sanggunian concerned shall, within thirty (30) days from receipt thereof, return the same with its comments and recommendations to the sangguniang barangay concerned for adjustment, amendment, or modification; in which case, the effectivity of the barangay ordinance is suspended until such time as the revision called for is effected.

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    Section 58. Enforcement of Disapproved Ordinances or Resolutions. - Any attempt to enforce any ordinance or any resolution approving the local development plan and public investment program, after the disapproval thereof, shall be sufficient ground for the suspension or dismissal of the official or employee concerned.

    Section 59. Effectivity of Ordinances or Resolutions. -

    (a) Unless otherwise stated in the ordinance or the resolution approving the local development plan and public investment program, the same shall take effect after ten (10) days from the date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or city, municipal, or barangay hall, as the case may be, and in at least two (2) other conspicuous places in the local government unit concerned.

    (b) The secretary to the sanggunian concerned shall cause the posting of an ordinance or resolution in the bulletin board at the entrance of the provincial capitol and the city, municipal, or barangay hall in at least two (2) conspicuous places in the local government unit concerned not later than five (5) days after approval thereof.

    The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language understood by the majority of the people in the local government unit concerned, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting.

    (c) The gist of all ordinances with penal sanctions shall be published in a newspaper of general circulation within the province where the local legislative body concerned belongs. In the absence of any newspaper of general circulation within the province, posting of such ordinances shall be made in all municipalities and cities of the province where the sanggunian of origin is situated.

    (d) In the case of highly urbanized and independent component cities, the main features of the ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published once in a local newspaper of general circulation within the city: Provided, That in the absence thereof the ordinance or resolution shall be published in any newspaper of general circulation.

    CASE:

    Bagatsing v. Ramirez, G.R. No. 41631, December 17, 1976, 74 SCRA 306 (1976)

    The chief question to be decided in this case is what law shall govern the publication of a tax ordinance enacted by the Municipal Board of Manila, The revised City Charter (R.A.409 as amended), which requires publication of the ordinance before its enactment and

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    after its approval or the Local Tax Code (P.D. No 231), which only demands publication after approval. Being a general law with a special provision applicable in this case, The Local Tax Code prevails.

    3.4 Language of the Statute that Shall Prevail

    E.O.292

    Section 20. Interpretation of Laws and Administrative Issuances. - In the interpretation of a law or administrative issuance promulgated in all the official languages, the English text shall control, unless otherwise specifically provided. In case of ambiguity, omission or mistake, the other texts may be consulted.

    Article XIV sec 6-8

    LANGUAGE

    Section 6. The national language of the Philippines is Filipino. As it evolves, it shall be further developed and enriched on the basis of existing Philippine and other languages.

    Subject to provisions of law and as the Congress may deem appropriate, the Government shall take steps to initiate and sustain the use of Filipino as a medium of official communication and as language of instruction in the educational system.

    Section 7. For purposes of communication and instruction, the official languages of the Philippines are Filipino and, until otherwise provided by law, English.

    The regional languages are the auxiliary official languages in the regions and shall serve as auxiliary media of instruction therein.

    Spanish and Arabic shall be promoted on a voluntary and optional basis.

    Section 8. This Constitution shall be promulgated in Filipino and English and shall be translated into major regional languages, Arabic, and Spanish.

    3.5 Manner of Computing Time

    Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise.

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    If months are designated by their name, they shall be computed by the number of days which they respectively have.

    In computing a period, the first day shall be excluded, and the last day included. (7a)

    CASE:

    National Marketing Corp. v. Tecson, G.R. No. 29131, August 27, 1969, 29 SCRA 70 (1969)

    FACT: On November 14, 1955, the CFI of Manila rendered judgment in Civil Case No. 20520 entitled Price Stabilization Corporation vs. Miguel D. Tecson, where defendant-appellee of current case, Miguel Tecson, was ordered to pay plaintiffs of former case the amount of P7200 plus 7% interest from May 25, 1960 until the amount is fully paid plus P500 for attorneys fees and other costs. Copy of said decision was served o the defendants on November 21, 1955.

    On December 21, 1965, National Marketing Corporation filed this case, as successor to all properties, assets, rights and the like of Price Stabilization Corporation as plaintiff in Civil Case No. 20520, against the same defendants for