Parts of Statutes

1. Title

That part of the statute which gives a general statement of, and calls attention to, the
subject matter of an act, so that legislators and the public may be appraised of the subject
matter of the legislation, and be put upon inquiry in regard thereto.

Example:

"An Act Enacting a Local Government Code"

Requirements:

a. One title, one subject

Section 26 (1) Article VI. Every bill pass by the Congress shall embrace only one
subject which shall be expressed in the title thereof.

Purpose:

1. To prevent hodge-podge or log rolling legislation

2. To prevent surprise or fraud upon the legislature

3. To fairly apprise the people of the subjects of legislation being considered so that
they may have the opportunity of being heard thereon, if they shall so desire.

When requirement not applicable:

The requirement only applies to bills which may thereafter be enacted into law. It
does not apply to laws in force and existing at the time the 1935 constitution took
effect.

b. Sufficiency of a title

When there is doubt as to the sufficiency of either the title or the act, the legislation
should be sustained. The presumption is in favor of the validity of the acts.

People V. Hon. Simeon N. Ferrer et al. G.R. No. L-32613, December 27, 1972

The said REQUIREMENTS are NOT applicable to ordinances of different councils such as
municipal, city and provincial ordinances because they are NOT enacted by the CONGRESS,
Section 26(1), Article VI of the Constitution mentions Congress only.

2. Preamble

That part of the statute following the title and preceding the enacting clause, which states
the reasons for, or the objects of the enactment.
 Example:

"WHEREAS, there is pressing need to accelerate the Agrarian Reform of the Government
for the early attainment of the objectives set forth in [RA] No. 3844, as amended;

WHEREAS, among such objectives is to achieve dignified existence for the small farmers
free from the pernicious institutional restraints and practices which have not only retarded
the agricultural development of the country but have also produced widespread discontent
and unrest among our farmers, one of ten cause of ten existing national emergency; and

WHEREAS, it is believed that the lasting objectives of land reform may be sooner realized if
the whole country is declared a land reform area."

Presidential Decrees and Executive Orders generally have preambles.

People vs Echavez, 95 SCRA 663 [1980], People v. Purisima, 86 SCRA 542 [1978]

3. Enacting Clause

It is that part of the statute that indicates the authority that promulgated to the validity of the
law but this clause clothes the statute with a certain dignity because the specific authority
that promulgated the law is therein stated.

Examples:

a. Enacting clause by the Congress

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

b. Enacting clause of Presidential Decrees

"NOW THEREFORE, I, ___________, by the Constitution, do hereby decree as follows:"

c. Enacting clause of Executive Order

"Now, therefore, I, _________, hereby order:"

4. Body or Purview

It contains the subject matter. It should embrace only one subject matter.

Example: Presidential Decree No. 1612, Anti-Fencing Law of 1979 Sections 1 to 8.

5. Exceptions and Provisos

It is a clause added to an enactment for the purpose of acting as a restraint upon or as a

qualification of, the generality of the language which it follows.
 Example:

Article 33 of the Family Code

"Article 33. Marriages among Muslims or among members of the ethnic cultural
communities may be performed validly without the necessity of marriage license, provided
they are solemnized in accordance with their customs, rites or practices."

6. Interpretative Clause

That part of the statute where the legislature defines its own language or prescribes rules
for its construction.

Example:
Section 4 of the Local Government Code

7. Repealing Clause

That part of the statute that announces the legislative intent to terminate or revoke another
statute or statutes.

Example:
Section 233 of the Local Government Code

8. Saving Cause

This restricts a repealing act and preserves existing powers, rights and pending
proceedings from the effects of the repeal.

Example:

Section 31 of the Social Security Law

"Section 31. SAVING CLAUSE. - The Assembly hereby reserves the right to amend, alter,
or repeal any provision of this Act, and no person shall be or shall deemed to be vested
with any property or other right by virtue of the enactment or operation of this Act. (As
amended by Section 2, RA No. 1792 and Section 20, PD No. 735, S-1975)"

9. Separability Clause

It is a clause, which states that if for any reason, any section or provision of the statute is
held to be unconstitutional or invoked, the other section or provision of the law shall not be
affected thereby.

10. Effectivity Clause

The effectivity clause is the provision when the law takes effect.

Other Laws

1. Presidential Issuances

Presidential issuances include:

a. Presidential Decrees
 Examples:

PD No. 2 "PROCLAIMING THE ENTIRE COUNTRY AS A LAND REFORM AREA'

PD No. 27 "DECREEING THE EMANCIPATION OF TENANT FROM THE BONDAGE OF

THE SOIL, TRANSFERRING TO THEM THE OWNERSHIP OF THE LAND THEY TILL
AND PROVIDING THE INSTRUMENTS AND MECHANISM THEREFOR."

The President is granted an Ordinance Power under Chapter 2, Book III of Executive Order
No. 292 (Administrative Code of 1987) to issue the following:

b. Executive Orders

c. Administrative Orders

d. Memorandum Orders

e. Memorandum Circulars

f. General or Special Orders

2. Ordinance

Ordinance is an act passed by the local legislative body in the exercise of its law making
authority.

a. Barangay ordinance

b. Municipal ordinance

c. City ordinance

d. Provincial ordinance

TEST OF VALID ORDINANCE

1. Must not contravene the Constitution or any statute

2. Must not 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

References:
Statutory Construction by Rolando Suarez p. 122-140
Statutory Construction by Ruben Agpalo p. 10-33, 64-65
Textbook on the Philippine Constitution by Hector S. De Leon and Hector M. De Leon Jr. p.293
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