Chapter 1: Statutes

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Enverga Law School

Statutory Construction
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Chapter 1: Statutes
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Parts of Statutes Title

Enacting Clause
Preamble
Purview of the Statute
Separability Clause
Repealing Clause
Effectivity Clause
Parts of Statutes:
Preamble- A prefatory statement or explanation or a finding of facts, reciting the
Purpose
Reason
Occasion
for making the law to which it is prefixed.
Where is the Preamble usually found in a statute?
-It is usually found after the enacting clause and before the body of the law.
Do all laws have preambles?
-The legislature seldom puts a preamble to a statute it enacts into a law.
Reason: The statement embodying the PRO for the enactment of the law is contained in its
explanatory note.
Do Presidential Decrees and Executive Orders need preambles? -They generally have
preambles because unlike statutes enacted by the legislature in which the members thereof
expound n the purpose of the bill its explanatory note or in the course of deliberations, no
better place than in the preamble can the reason and purpose of the decree be stated.
Preambles play an important role in the construction of PD and EO.
Parts of Statutes:
What does the Constitution say about the Title of a Statute?-The Constitution provides that
"every bill passed by Congress shall embrace only one subject which shall be expressed in the
title thereof." Hence, it is mandatory and to violate such is deemed unconstitutional.
Dual limitations provided by the Constitution to the legislature regarding title of a statute-First:
The legislature is to refrain from conglomeration (a group or mixture of different things), under
one statute, of heterogenous subjects.
Second: The title of the bill is to be couched in a language sufficient to notify the legislature
and the public and those concerned of the import of the single subject thereof.
Principal purpose of title requirement-To apprise the legislators of the object,nature, and scope
of the provision of the bill and to preventthe enactment into law of matters which have not
receivedthe notice, action and study of the legislators.
It is to prohibit duplicity in legislation.
Aims of the Constitutional Title Requirement-1. To prevent hodgepodge/ logrolling legislation
2. To prevent surprise or fraud upon the legislature
3. To fairly apprise the people, through publication ofthe subjects of the legislation
4. To be used as a guide in ascertaining legislative intentwhen the language of the act does not
clearlyexpress its purpose; may clarify doubt orambiguity.
Subject of repeal of statute-The repeal of a statute on a given subject is properly connected
with the subject matter of a new statute on the same subject; and therefore a repealing section
in the new statute is valid notwithstanding that the title is silent on the subject.
How requirement of title construed?- Liberally construed
should not be given a technical interpretation.
should not be narrowly construed to cripple or impede the power of legislation
When title requirement not applicable? -The requirement applies only to bills which may
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thereafter (1935, 1973 and 1987 Constitution) be enacted into law. It does not apply to laws in
force and existing at the time the 1935 Constitution took effect.
Effect of Insufficiency of title-A statute whose title does not conform to the constitutional
requirement or is not related in any manner to its subject is null and void.
Subject matter not sufficiently expressed: subject is void but the rest in force, unless the invalid
provisions are inseparable from the others, in which case the nullity of the former vitiates the
latter.
Parts of Statutes:
Enacting Clause-The part of a statute written immediately after the title which states the
authority by which the act is enacted.
Enacting Clause in:
Laws passed by the Philippine Commission-"By authority of the President of theUS, be it
enacted by the US Philippine Commission
Enacting Clause in Laws passed by the:
Philippine Legislature-"By authority of the US, be itenacted by the Philippine Legislature"
Enacting Clause in Laws passed when:
Philippine Legislature became Bicameral-Be it enacted by theSenate and House of
Representatives of the Philippines inlegislature assembled and by authority of the same"
Enacting Clause during the Commonwealth-Be it enacted by the NationalAssembly of the
Philippines"
Enacting Clause during the Commonwealth: became bicameral-"Be it enacted by the
Senateand House of Representatives in congress assembled same19461972/1987present.
Enacting Clause of Laws enacted by:
Batasang Pambansa-"Be it enacted by the BatasangPambansa in session assembled"
Enacting Clause in Presidential Decrees-Now therefore, I ______ President of thePhilippines, by
the powers vested in me by the Constitutiondo hereby decree as follows
Enacting Clause in Executive Orders-Now, therefore, I, ____ hereby order
Parts of Statutes:
Purview or Body of Statute-The purview or body of a statute is that part which tells what the
law is all about. The body of a statute should embrace only one subject matter.
Statue is usually divided into section which contains a singleproposition.
Parts/Sections of a complex and comprehensive piece of legislation-1. a short title
2. a policy section
3. definition section
4. administrative section
5. sections prescribing standards of conduct
6. section imposing sanctions for violations of its provisions
7. transitory provisions
8. separability clause
9. repealing clause
10. effectivity clause-tipodasvitsre
Parts of Statutes:
Separability Clause-A separability clause is that part of a statute which states that if any
provision of the act is declared invalid, the remainder shall not be affected thereby. It is not
controlling and the courts may invalidate the wholestatute where what is left, after the void
part, is not completeand workable
Presumption on statutes (Separability Clause)-Statute is effective as a whole and would not
have passed it had it foreseen that some part of it is invalid
Effect of Separability Clause-The effect of a separability clause is to create in the place of such
presumption the opposite one of separability.
Parts of Statutes:
Repealing Clause-When the legislature repeals a law, the repeal is not a legislative declaration
finding the earlier law unconstitutional. The power to declare a law unconstitutional does not lie
with the legislature, but with the courts.
Parts of Statutes:
Effectivity Clause-The effectivity clause is the provision when the law takes effect.
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15 days from publication in the Official Gazette or in a newspaper of general circulation.

Appropriations and Revenue Bills- undergo same procedure of enactment of ordinary bills
can only originate from the Lower House
although the Senate may propose or concur with amendments
Budget Process:
Four major phases-1. Budget Preparation
2. Budget Authorization
3. Budget Execution
4. Budget Accountability
*After approval of the "proposed budget" by the Department of Budget and Management, the
same is submitted to Congress for evaluation and inclusion in the appropriations law.
General Appropriation Bill-A special type of legislation, whose content is limited to specified
sums of money dedicated to specific purposes or a separate fiscal unit. Inherent in the power
of appropriation is the power to specify how the money shall be spent.
Restrictions in passage of budget or revenue bills
(as per Constitution) Art 6 Sec. 27 (2)-1. congress may not increase the appropriations
recommended by the President for the operation of the Government as specified in the budget.
2. Each provision must relate specifically to particular appropriation. "inappropriate provisions"
3. Congress must strictly follow the procedure in approving appropriations for the other
departments and agencies
Restrictions in passage of budget or revenue bills (as per Constitution) Art 6 Sec. 27 (2)
continuation-4. A special appropriations bill shall specify the purpose and supported by funds
actually available as certified by the National Treasurer, or to be raised by a corresponding
revenue
5. no transfer of appropriations
6. Discretionary funds requirements: funds disbursed only for public purposes supported by
appropriate vouchers
Restrictions in passage of budget or revenue bills (as per Constitution) Art 6 Sec. 27 (2)
continuation-7. Automatic reenactment of budget
8. President's Veto Power The President may veto any particular item/s in anappropriation
revenue, or tariff bill.
9. no public funds to be spent except by law
10. no public money or property for religious purposes
11. Money for special purpose special fund and paid out for such purpose only
12. Highest budgetary priority to education
power of the purse- the spending power
belongs to the Congress, subject only to the veto power of the President
inappropriate provisions- Any provision which is intended to amend another law
includes unconstitutional provisions and provisions which are intended to amend or repeal
other laws, also provisions which restrict the fiscal autonomy of the Judiciary, the CSC,
Comelec, Commission on Audit and Office of the Ombudsman
Fiscal Autonomy-Fiscal Autonomy contemplates a guarantee of full flexibility to allocate and
utilize their resources with the wisdom and dispatch that their needs require.
means freedom from outside control
Exception on "no transfer of appropriations"-The following may augment any item in the
general appropriations law for their respective offices from savings in other items of their
respective appropriations:
1. President
2. Senate President
3. Speaker of the House of Representatives
4. Chief Justice of the Supreme Court
5. heads of Constitutional Commission
item in a bill- refers to the particulars, the details, the distinct and several parts of the bill
an indivisible sum dedicated to a stated purpose
item in an appropriation bill- an item which in itself is a specific appropriation of money, not
some general provision of law, which happens to be put into an appropriation bill
Rules and records of legislative proceedings-Constitution Article 6
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Section 16 (3 rules of proceedings), (4 journal),

Section 26 (2 last reading)
Section 27 (1 President)
Journal-Article 6 Section 16 (4)
Each House shall keep a journal of its proceedings, and from time to time publish the same,
excepting parts as may, inits judgement, affect national security; and the yeas and nays on any
question shall, at the request of onefifth of the members present, be entered in the Journal.
Each House shall also keep a Record of its proceedings
Unimpeachability of Legislative Journals- The journal is regarded as conclusive with respect to
matters that are required by the Constitution to be recorded therein.
Disputable with respect to all other matters
By reason of public policy, authenticity of laws should restupon public memorials of the most
permanent character
Should be public
In case of conflict between the enrolled bill and the legislative journals, what should prevail?The enrolled bill should prevail, except as to matters that the Constitution requires to be
entered in the journals.
Entries in the Legislative Journals according to the Constitution-1. yeas and nays on the final
reading of a bill or
2. on any question at the request of at least onefifth of the members of the House
3. objections of the President to a vetoed bill or item
4. names of the members voting for or against overriding the President's veto
Enrolled Bill-Bills passed by congress authenticated by the Speaker and the Senate President
and approved by the President
deemed importing absolute verity and is binding on the courts
Enrolled bill doctrine-The signing of a bill by the Speaker of the House and the Senate President
and the certification of the Secretaries of both houses of Congress that the bill was passed are
conclusive of its due enactment.
Courts regarding enrolled bills -Courts cannot go behind the enrolled act to discover what really
happened. If there has been any mistake in the printing of the bill before it was certified by the
officer of the assembly and approved by the chief executive, the remedy is by amendment by
enacting a curative legislation, not by judicial decree.
Withdrawal of authencity-The Speaker and the President of the Senate may withdraw their
respective signatures from the signed bill where there is serious and substantial discrepancy
between the text of the bill as deliberated in the legislature and shown by the journal and that
of the enrolled bill.
Presidential issuances -Presidential issuances are those which the President issues in the
exercise of his ordinance power.
have force and effect of laws
Presidential issuances include:-1. Executive Orders
2. Administrative Orders
3. Proclamations
4. Memorandum Orders
5. Memorandum Circulars
6. General or Special orders
What are Executive Orders?-Executive Orders are acts of the President providing for rules of a
general or permanent character in the implementation or execution of constitutional or
statutory powers. -EO execution
What are Administrative Orders?-acts which relate to particular aspects of governmental
operations in pursuance of his duties as administrative head.
What are Proclamations? - acts fixing a date or declaring a statute or condition of public
moment or interest, upon the existence of which the operation of a specific law or regulation is
made to depend.
What are Memorandum Orders?- acts on matters of administrative detail or of subordinate or
temporary interest which only concern a particular office or office of the Government
What are Memorandum Circulars? -Acts on matters relating to internal administration which the
President desires to bring to the attention of all or some of the departments, agencies, bureaus
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or offices of the Government for information or compliance.

Enrolled bill doctrine-The signing of a bill by the Speaker of the House and the Senate President
and the certification of the Secretaries of both houses of Congress that the bill was passed are
conclusive of its due enactment.
What are General or Specific Orders?-Acts and commands of the President in his capacity as
CommanderinChief of the Armed Forces of the Philippines
Courts regarding enrolled bills -Courts cannot go behind the enrolled act to discover what really
happened. If there has been any mistake in the printing of the bill before it was certified by the
officer of the assembly and approved by the chief executive, the remedy is by amendment by
enacting a curative legislation, not by judicial decree.
Withdrawal of authencity-The Speaker and the President of the Senate may withdraw their
respective signatures from the signed bill where there is serious and substantial discrepancy
between the text of the bill as deliberated in the legislature and shown by the journal and that
of the enrolled bill.
Presidential issuances -Presidential issuances are those which the President issues in the
exercise of his ordinance power.
have force and effect of laws
Presidential issuances include:-1. Executive Orders
2. Administrative Orders
3. Proclamations
4. Memorandum Orders
5. Memorandum Circulars
6. General or Special orders
What are Executive Orders?-Executive Orders are acts of the President providing for rules of a
general or permanent character in the implementation or execution of constitutional or
statutory powers. -EO execution
What are Administrative Orders?-acts which relate to particular aspects of governmental
operations in pursuance of his duties as administrative head.
What are Proclamations? - acts fixing a date or declaring a statute or condition of public
moment or interest, upon the existence of which the operation of a specific law or regulation is
made to depend.
What are Memorandum Orders?- acts on matters of administrative detail or of subordinate or
temporary interest which only concern a particular office or office of the Government
What are Memorandum Circulars? -Acts 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.
What are Presidential Decrees? -Laws which are of the same category and binding force as
statutes because they were issued by the President in the exercise of his legislative power
during the period of Martial Law under the 1973 Constitution
What are Presidential Decrees? -Laws which are of the same category and binding force as
statutes because they were issued by the President in the exercise of his legislative power
during the period of Martial Law under the 1973 Constitution
What are Presidential Decrees? -Laws which are of the same category and binding force as
statutes because they were issued by the President in the exercise of his legislative power
during the period of Martial Law under the 1973 Constitution
Administrative Code of 1987-A general law and incorporates in a unified document the major
structural, functional and procedural principles of governance and embodies changes in
administrative structures and procedures designed to serve the people.
What are Presidential Decrees? -Laws which are of the same category and binding force as
statutes because they were issued by the President in the exercise of his legislative power
during the period of Martial Law under the 1973 Constitution
Administrative Code of 1987-A general law and incorporates in a unified document the major
structural, functional and procedural principles of governance and embodies changes in
administrative structures and procedures designed to serve the people.
7 Books of the Code-Book 1: Sovereignty and General Administration
Book 2: Distribution of powers of the 3 branches of the government
Book 3: Office of the President
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Book 4: Executive Branch

Book 5: Constitutional Commissions
Book 6: National Government Budgeting
Book 7: Administrative Procedure
Administrative rules and regulations-Rules and regulations issued by administrative or
executive officers in accordance with, and as authorized by law have the force and effect of law
or partake of a statute.
Administrative rules and regulations-Rules and regulations issued by administrative or
executive officers in accordance with, and as authorized by law have the force and effect of law
or partake of a statute.
Requirements for the validity of Administrative rules and Regulations:-1. Rules should be
germane to the objects and purposes of the law
2. The regulations be not in contradiction with, but conform to, standards that the law
prescribes
3. That they be for the sole purpose of carrying into effect the general provisions of the law
4. Law cannot be extended nor its terms and provisions restricted
Requisites for a valid administrative issuance-1. Its promulgation must be authorized by the
legislature
2. It must be promulgated in accordance with the prescribed procedure
3. It must be within the scope of the authority given by the legislature
4. It must be reasonable
Fundamental Rule in Administrative Law-To be valid, administrative rules and regulations must
be issued by authority of a law and must not contravene the provisions of the Constitution
Supreme Court rulemaking power-The 1987 Constitution grants the SC the power to
promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the underprivileged.
Rules of SC shall provide-1. A simplified and inexpensive procedure for the speedy disposition
of cases
2. Shall be uniform for all courts of the same grade
3. And shall not diminish, increase, or modify substantive rights
Legislative power of local Government units-Refers to the power of local legislative bodies to
enact ordinances, consisting of:
1. Barangay ordinance
2. Municipal irdinance
3. City ordinance
4. Provincial Ordinance
Requisites for valid local ordinance-1. Must not contravene the Constitution or any statute
2. Must no be unfair or oppressive
3. Must not be partial or discriminatory
4. Must not prohibit but may regulate trade
5. Must be general and consistent with public policy
6. Must not be unreasonable
Barangay Ordinance- subject to review by the sangguniang bayan or sangguniang panlungsod
to determine whether it is consistent with law or with municipal or city ordinance
SP or SB shall take action within 30 days from submission
if it does not take action within said period: approved if consistent
if inconsistent: will be returned to the SB concerned in which effectivity is suspended
Municipal Ordinance- Lodged in Sangguniang bayan
Majority of the quorum voting, ordinance is passed
ordinance sent to Mayor within 10 days for approval or veto; if not acted upon, ordinance is
presumed approved; if vetoed, can be overriden by 2/3 of all members
approved ordinance is passed to Sangguniang panlalawigan for review
= within 30 days may invalidate in whole or in part and its action is final; if there's inaction
within 30 days, it is deemed valid
City Ordinance- Vested in Sangguniang panglungsod
Majority of the quorum voting, ordinance is passed
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Submitted to Mayor within 10 days

= approve
= veto override by 2/3 of all members approved
= inaction deemed approved
if city or component city: submit to Sangguniang panlalawigan for review which shall take
action within 30 days, otherwise, it will be deemed valid
Provincial Ordinance- Sangguniang panlalawigan: majority of quorum voting, passage of
ordinance
Forwarded to the Governor who within 15 days from shall
= approve
= veto: 2/3 of all members:approved
= inaction: deemed approved

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E. Validity of Statute
Presumption of Constitutionality
Every statute is presumed valid
= lies on how a law is enacted
= due respect to the legislative who passed and executive who approved
= responsibility of upholding the constitution rests not on the courts alone but on the
legislative and executive branches as well
To declare a law unconstitutional... There must be a clear and unequivocal breach of the
Constitution, not a doubtful and argumentative implication.
All reasonable doubts should be resolved in favor of the constitutionality of law. To doubt is to
sustain.
Final authority to declare a law unconstitutional...
Supreme
Court
en
banc
(the
concurrence of a majority of the Members who actually took part in the deliberations on the
issues in the case and voted thereon.
Nonetheless, trial courts have jurisdiction to initially decide the issue of constitutionality of a
law in appropriate cases.
Requisites for exercise of judicial power 1. The existence of an appropriate case
2. An interest personal and substantial by the party raising the constitutional question
3. the plea that the function be exercised at the earliest opportunity
4. the necessity that the constitutional question be passed upon in order to decide the case
Appropriate Case
must be a bona fide case (one in which raises a justiciable controversy
Judicial power is limited only to real, actual, earnest, and vital controversy
When is a controversy justiciable? A controversy is justiciable when it refers to matter which is
appropriate for court review; pertains to issues which are inherently susceptible of being
decided on grounds recognized by law
Why the Court hesitates to rule on political questions? The reason is that political questions
are concerned with issues dependent upon the wisdom not the legality of a particular act or
measure being assailed. Being a function of the separation of powers, the courts will not
normally interfere with the workings of another coequal branch unless the case shows a clear
need for the courts to step in to uphold the law and the Constitution.
Standing to sue:
Locus standi Legal Standing
a personal and substantial interest in the case such that the party has sustained or will
sustain direct injury as a result of the governmental act that is being challenged.
Interest
A material interest, an interest in issue affected by the decree, as distinguished
from mere interest in the question involved, or a mere incidental interest.
When does a citizen acquires standing? A citizen acquires standing only if he can establish
that he has suffered some actual or threatened injury as a result of the allegedly illegal conduct
of government; the injury is fairly traceable to the challenged action; and the injury is likely to
be redressed by a favorable action.
When does a taxpayer deemed to have a standing?
A taxpayer is deemed to have the standing to raise a constitutional issue when it is
established that public funds have been disbursed in alleged contravention of the law or the
Constitution.
Rule on who can question the constitutionality of a law
A person who questions the validity of a statute must show that he has sustained, or is
in immediate danger of sustaining, some direct injury as a result of its enforcement. He must
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have a personal and substantial interest in the case such that the enforcement of the law has
caused him or will cause him direct injury.
Concrete Injury
Concrete injury whether actual or threatened, is the indispensable element of a dispute
which serves in part to cats it it in a form traditionally capable of judicial resolution. Without
such direct injury, the petition challenging the validity of a law states no cause of action and
should be dismissed.
Taxpayer's suit
Based on the theory that the expenditure of public funds by an officer of
the state for the purpose of administering an unconstitutional act constitutes a misapplication
of such funds.
A taxpayer's suit will not be entertained where the statute being challenged does not involve
the expenditure of public funds
It has been held that a member of the Senate or of the House of Representative has the legal
standing to question the validity of a presidential veto or a condition imposed on an item in an
appropriations bill. When the veto is claimed to have been made without or in excess of the
authority vested in the President by the Constitution, the issue of an impermissible intrusion of
the Executive into the domain of the Legislature arises.
The SC may, in its discretion, take cognizance of a suit which does not satisfy the requirement
of legal standing. Thus, when the issues raised are of paramount importance to the public, the
Court may brush aside technicalities of procedure, as when the petition has advanced
constitutional issues which deserve the attention of the Court in view of their seriousness,
novelty and weight as precedents Example: Calling by the President for the deployment of the
Philippine Marines to join the PNP in visibility patrols around the metro.
Taada v Angara
When an act of the Legislative department is seriously alleged to have
infringed the Constitution, settling the controversy becomes the duty of the Court.
Tatad v Secretary of Department of Energy
The courts, as guardians of the Constitution,
have the inherent authority to determine whether a statute enacted by the legislature
transcends the limit imposed by the fundamental law. Where the statute violates the
Constitution, it is not only the right but the duty of the judiciary to declare such act
unconstitutional and void.
When to raise Constitutionality
xxx at the earliest possible opportunity i.e. in the
pleading
it may be raised in a motion for reconsideration / new trial inthe lower court; or
in criminal cases at any stage of the proceedings or onappeal
in civil cases, where it appears clearly that a determination ofthe question is necessary to a
decision, and in cases where itinvolves the jurisdiction of the court below
Necessity of deciding constitutionality
where the constitutional question is of paramount
publicinterest and time is of the essence in the resolution of suchquestion, adherence to the
strict procedural standard may berelaxed and the court, in its discretion, may squarely
decidethe case
where the question of validity, though apparently hasbecome moot, has become of
paramount interest and there isundeniable necessity for a ruling, strong reasons of publicpolicy
may demand that its constitutionality be resolved
Limitations of the Courts' Power of Judicial Review (Angara v Electoral Commission) 1.
an
actual case or controversy calling for the exercise of judicial power
2. the person challenging the act must have "standing" to challenge; he must have a personal
and substantial interest in the case such that he has sustained, or will sustain, direct injury as a
result of its enforcement;
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3. the question of constitutionality must be raised at the earliest possible opportunity

4. the issue of constitutionality must be the very lis mota of the case
Locus Standing
Legal Standing
Personal and substantial interest in the case such that the party sustained or will sustain direct
injury as a result of the governmental act that is being challenged.
Rule on realpartyininterest
Concept of civil procedure
Whether the person is the party who would be benefited or injured by the judgement, or
the party entitled to the avails of the suit
Rule on Standing
is a special concern in constitutional law because in some cases, suits are brought not
by parties who have been personally injured by the operation of a law or by official
action taken, but by concerned citizens, taxpayers or voters who actually sue in the
public interest
question is whether such parties have alleged such a personal stake in the outcome of
the controversy as to assure that concrete adverseness which sharpens the
presentation of issues upon which the court so largely depends for illumination of
difficult constitutional questions.
* When the real party in interest is unable to vindicate his rights by seeking the same
remedies, who for ethical reasons, cannot himself invoke the jurisdiction of this Court, the
courts will grant petitioner's standing.
Who are given standing by the Court?
citizen
Interest must be direct and personal.
Must be able to show, not only that the law or any government act is invalid,
but also that he sustained or is in imminent danger of sustaining some direct
injury as a result of its enforcement, and not merely that he suffers thereby in
some indefinite way.
Has been or is about to be denied some right or privilege to which he is
lawfully entitled or that he is about to be subjected to some burdens or
penalties by reason of the statute or act complained of.
When the proceeding involves the assertion of a public right, the mere fact
that he is a citizen satisfies the requirement of personal interest.
taxpaye
r

legislato
r

Allowed to sue where there is a claim that public funds are illegally disbursed,
or that public money is being deflected to any improper purpose, or that
there is a wastage of public funds through the enforcement of an invalid or
unconstitutional law.
Must prove that he has sufficient interest in preventing the illegal expenditure
of money raised by taxation and that he would sustain a direct injury as a
result of the enforcement of the questioned statute or contract.
Not sufficient that he has merely a general interest common to all members
of the public.
Allowed to sue to question the validity of any official action which he claims
infringes his prerogatives.
Has standing to maintain inviolate the prerogatives, powers, and privileges
vested by the Constitution in his office.

Class suits- filed in behalf of all citizens, persons intervening must be sufficiently numerous to
fully protect the interests of all concerned to enable the court to deal properly with all the
interests involved in the suit, for a judgement, whether favorable or unfavorable, is, under the
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res judicata principle, binding on all members of the class whether or not they were before
the court.
Instructive determinants of transcendental importance (Justice Florentino Feliciano):
1. the character of the funds or other assets involved in the case
2. the presence of a clear case of disregard of a constitutional or statutory prohibition by
the public respondent agency or instrumentality of the government
3. the lack of any other party with a more direct and specific interest in raising the
questions being raised
Ripeness and Prematurity
A case to be considered ripe for adjudication, it is prerequisite that something had by
then been accomplished or performed by either branch before a court may come into
the picture.
Political Questions (Tanada v Cuenco)
connotes a question of policy
those questions which under the Constitution, are to be decided by the people in their
sovereign capacity, or in regard to which full discretionary authority has been delegated
to the Legislature or executive branch of the Government. (Corpus Juris Secundum)
concerned with issues dependent upon the wisdom, not legality, of a particular
measure.
Two species of Political Questions:
1. truly political questions- beyond judicial review because of the court's respect of the
doctrine of separation of powers
2. are not truly political questions- courts can review by virtue of Section 1, Article VIII of
the Constitution
Standards in identification of the two species of Political Questions (American)
1. a textually demonstrable constitutional commitment of the issue to a coordinate
political department
2. the lack of judicially discoverable and manageable standards for resolving it
3. the impossibility of deciding without an initial policy determination of a kind clearly for
non-judicial discretion.

In our jurisdiction, the determination of a truly political question from the nonjusticiable political question lies in the answer to the question of whether there are
constitutionally imposed limits on the powers or functions conferred upon
political bodies. If there are, the courts are duty-bound to examine whether the
branch or instrumentality of the government properly acted within such limits.

Lis Mota
means the cause of the suit or action.
principle that adheres that courts will not touch the issue of constitutionality unless it is
truly unavoidable and is the very lis mota or the most decisive or most important point
of the issue
Test of Constitutionality
what the Constitution provides in relation to what can or may be done under the statute,
and not by what it has been done under it.
A statute may be declared unconstitutional if:
it is not within the legislative power to enact
it creates or establishes methods or forms that infringe constitutional principles
its purpose or effect violates the Constitution or its basic principles
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it allows something to be done which the fundamental law condemns or prohibits

it attempts to validate a course of conduct the effect of which the Constitution
specifically forbids
it is vague: it lacks comprehensible standards that men of common intelligence must
necessarily guess at its meaning and differ in its application

Change of circumstances or conditions may affect the validity of some statutes:

Emergency laws
to meet certain contingencies
deemed constitutional at the time of their enactment as a valid exercise of police power
unconstitutional: when change in circumstances and conditions makes the continued
enforcement violative of the Constitution
Tests of validity of ordinances of local government:
must not contravene the Constitution or any statute
must not be unfair nor oppressive
must not be partial nor discriminatory
must not prohibit but may regulate trade
must be general and consistent with public policy
must be reasonable
Effects of unconstitutionality
General rule: An unconstitutional act is not a law
it confers no right
it imposes no duty
it affords no protection
it creates no office
it is, in legal contemplation, inoperative as though it had never been passed
Two views on the effects of a declaration of the unconstitutionality of a statute:
1. Orthodox view stands by the general rule
- stricken from the statute books and considered never to have existed at all.
- not only the parties but all persons are bound by the declaration of
unconstitutionality; no one may invoke it nor may courts be permitted to apply it in
subsequent cases.
- total nullity
- expressed in Article 7 of the Civil Code
2. Modern view less stringent
- the court in passing upon the question of constitutionality does not annul or repeal
the statute if it finds it in conflict with the Constitution.
- simply refuses to recognize it and determines the rights of the parties just as if
such statute had no existence.
- the court may give its reasons for ignoring or disregarding the law, but the decision
affects the parties only and there is no judgement against the statute.
- the court does not strike the statute from the books
- it does not repeal, supersede, revoke, or annul the statute.
- the parties to the suit are concluded by the judgement, but no one else is bound.
Invalidity due to change of conditions
General rule: Effects of unconstitutionality of a statute is not applicable to a statute that is
declared invalid because of the change of circumstances affecting its validity.
Partial invalidity:
General Rule: Where part of a statute is void as repugnant to the Constitution, while another
part is valid, the valid portion, if separable from the invalid, may stand and be enforced.
Exception: When the parts of a statute are so mutually dependent and connected, as
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connected, as conditions, considerations, inducements, or compensations for each other, as to

warrant a belief that the legislature intended them as a whole, the nullity of on part will vitiate
the rest.
Tatad v Secretary of Secretary of the Department of Energy
Illustrates the exception to the general rule on the effects of partial invalidity. In this
case, the Court declared three provisions of RA 8180 (An Act Deregulating the
Downstream Oil Industry and For Other Purposes) as unconstitutional. One of the issues
raised is whether the nullity of the three provisions affected the whole law, as to render
said law unconstitutional. The majority of the Court ruled that the nullity of the
provisions infected the whole law, its separability clause notwithstanding. The offending
provisions of the law is so in-firmed its essence that the entire law has to be struck
down.
Antonio v COMELEC
The Court applied the exception to the rule on the effect of partial invalidity. The issue
raised is whether the period of appeal is still ten days and not five days as provided for
in Sec 22 of RA 7166 to the effect that decisions of Regional Trial Court may be appealed
to COMELEC within five days from receipt of the questioned decision. The Court ruled,
applying the exception to the rule, that the invalidity also vitiated the provision on the
10-day period to appeal because Sec 9 does not remain complete itself, without the
invalid portion; that what was declared unconstitutional was the whole appeal itself and
not just the portion providing appeal to the RTC; and that there would be no logic in
ruling that a longer period to appeal to the COMELEC should apply to election contests
for barangay officials.
Lopez v CA
General rule on the effects of partial invalidity was appreciated. While the Court
declared Section 27 of RA 6770 and all other provisions implementing the law as
unconstitutional in Fabian v Desierto, the said provisions are void only insofar as they
provide that administrative appeals from the office of the Ombudsman shall be taken to
the SC. The provisions of Sec 27 of RA 6770 and the Rules of Procedure of the Office of
the Ombudsman with respect to the finality and execution of decisions are not affected
by the ruling in Fabian v Desierto, and therefore will still stand. Whenever a statute
contains unobjectionable provision separable from those found to be unconstitutional, it
is the duty of the court to declare and to maintain the act insofar as it is valid.
F. Effect and Operation
When laws take effect:
Article 2 of the Civil Code: laws shall take effect after fifteen days following the
completion of their publication in the Official Gazette, unless it is otherwise provided.
Sec 18, Chapter 5, Book I of the 1987 Administrative Code: Law shall take effect after 15
days following the completion of their publication in the Official Gazette or in a
newspaper of general circulation, unless it is otherwise provided.
Taada v Tuvera
The case, abandoned the rulings in previous cases, in which it was held that laws take
effect on the date therein specified, such as upon approval or immediately, without
need of publication in the Official Gazette as a condition for their publication is silent as
to when it shall take effect that publication is required for its effectivity. The ruling in this
case rests on the general principle that before the public is bound by the provisions of
the law, they must be published and the people officially and especially informed
thereof, which is a requirement of due process of law that cannot be dispensed with by
the legislature.

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Philippine Veterans Bank Employees Union v Vega

The phrase unless it is otherwise provided provides an exception as to the date of
effectivity of a statute, in that the Congress may provide in the law that it shall take
effect immediately upon its approval, which is in conflict with the Taada v Tuvera case.
When Presidential issuances, rules and regulations take effect
Requirement of publication applies except if it is merely interpretative or internal in
nature not concerning the public:
REQUIRES PUBLICATION: those whose purpose is to enforce or implement
existing law pursuant to a valid delegation or to fill in the details of a statute
DOES NOT REQUIRE: those which are merely interpretative in nature or internal
Requirements of filing (1987 Administrative Code)
every agency shall file with the UP Law Center 3 certified copies of every rule
adopted by it.
Rules in force on the date of the effectivity of this Code which are not filed within
3 months from that date shall not thereafter be the basis of any sanction against
any party or persons.
In addition to other rule making requirements provided by law not inconsistent
with this Book, each rule shall become effective 15 days from the date of filing as
above provided unless a different date is fixed by law, or specified in the rule in
cases of imminent danger to public health, safety, and welfare, the existence of
which must be express in a statement accompanying the rule.
When local ordinances take effect
Unless otherwise stated, the same shall take effect 10 days from the date a copy is
posted in a bulletin board at the entrance of the provincial capitol or city, municipality or
barangay hall, AND in at least 2 other conspicuous places in the local government unit
concerned
The secretary to the Sangguinian concerned shall cause the posting not later than 5
days after approval; text will be disseminated in English or Tagalog; the secretary to the
Sangguinian concerned shall record such fact in a book kept for that purpose, stating
the dates of approval and posting
Gist of ordinance with penal sanctions shall be published in a newspaper of general
circulation within the respective province concerned; if NO newspaper of general
circulation in the province, POSTING shall be made in all municipalities and cities of the
province where the Sanggunian of origin is situated
For highly urbanized and independent component cities, main features of the ordinance,
in addition to the posting requirement shall be published once in a local newspaper. In
the absence of local newspaper, in any newspaper of general circulation
o Highly urbanized city minimum population of 200,000 and with latest
annual income of at least 50M Php
Statutes continue in force until repealed
Permanent/ indefinite law once established continues until changed by competent
legislative power. It is not changed by the change of sovereignty, except that of political
nature
Temporary in force only for a limited period, and they terminate upon expiration of the
term stated or upon occurrence of certain events; no repealing statute is needed
Territorial and personal effect of statutes
All people within the jurisdiction of the Philippines
Manner of computing time
See Art. 13 of the Civil Code
Where a statute requires the doing of an act within a specified number of days, such as
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ten days from notice, it means ten calendar days and NOT ten working days
E.g. 1 year from Oct. 4, 1946 is Oct. 4, 1947
If last day falls on a Sunday or holiday, the act can still be done the following day
Principle of exclude the first, include the last DOES NOT APPLY to the computation of
the period of prescription of a crime, in which rule, is that if the last day in the period of
prescription of a felony falls on a Sunday or legal holiday, the information concerning
said felony cannot be filed on the next working day, as the offense has by then already
prescribed

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