Stat Con 2

STATUTORY
CONSTRUCTION
Atty. Vir Celito C. Raymundo
STATUTES
Statutes
01 Legislative procedures
02 Steps of becoming a law
03 Constitutional test
04 Parts Statutes
Statutes
05 Kinds
06 Concepts
07 Repeals
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Laws in General
• Rule of conduct formulated and made obligatory by

the legitimate power of the state.
• Includes Republic Acts, Presidential Decrees,

Executive Orders (President in the exercise of
legislative power), Presidential Issuances
(Ordinance Power), Jurisprudence, and
Ordinances passed by Sanggunians of local
government units.
Statutes
• A law enacted by the legislative branch of a
government. www.merriam-webster.com
• This refers to an act of the legislature (Philippine

Commission, Phil. Legislature, Batasang
Pambansa, Congress). This includes Presidential
Decrees of Marcos during the period of martial law
under the 1973 Constitution and Executive Orders
of Aquino during the revolutionary period under the
Freedom Constitution.
Pangilinan vs. Cayetano, G.R. No. 238875, March 16, 2021
• What is legislative power?
• Where is legislative power vested?
• When will a statute become effective?
• What is the procedure of enacting a Statute?
THE PHILIPPINE GOVERNMENT
Source:
https://www.officialgazette.gov.ph/about/gov/#:~:text=The%20Legislative%20branch%20is%20authorized,and%20the%20House%20of%20Representatives.
Source:
https://www.officialgazette.gov.ph/about/gov/#:~:text=The%20Legislative%20branch%20is%20authorized,and%20the%20House%20of%20Representatives.
Source:
https://www.officialgazette.gov.ph/about/gov/#:~:text=The%20Legislative%20branch%20is%20authorized,and%20the%20House%20of%20Repre
sentatives.
Source:
https://www.officialgazette.gov.ph/about/gov/#:~:text=The%20Legislative%20branch%20is%20authorized,and%20the%20House%20of%20
Representatives.
THE THREE (3) BRANCHES OF THE GOVERNMENT
Art. VI Art. VII

Separation of Powers
Legislative Executive
Blending of Powers
Department Department
Checks and Balances
Art. VIII
Judicial
Department
1987 Constitution of the Philippines

What is legislative power?
Legislative power is the power to propose, enact, amend and

repeal laws.
Legislative power is plenary except only to such limitations as are

found in the Constitution.
Where is legislative power vested?
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
the provision on initiative and referendum. (Sec. 1, Art. VI, 1987
Philippine Constitution.)
Can the Congress enact laws that are not repealable? Why?
Initiative is the power of the people to propose amendments to
the Constitution or to propose and enact legislation through an
election called for the purpose.
Referendum is the power of the electorate to approve or reject

legislation through an election called for the purpose.
(Republic Act 6735)

Legislations:
• Legislature (Philippine Commission, Philippine

Legislature, Batasang Pambansa, Congress)
• President – 1973 & Freedom Constitutions (Presidential

Decrees and Executive Orders, respectively)
• Sangguniang Barangay, Bayan, Panglungsod,

Panlalawigan (Only within their respective jurisdiction –
Ordinances)
• Administrative or executive officer (Delegated power and

only issues rules and regulations to implement a specific
law)
• People (Initiative and Referendum)

Statutory
Construction by
Rufus Rodriguez
What is the procedure of enacting a Statute?
1. Filing/Calendaring for First Reading
A bill is filed in the Office of the Secretary where it is
given a corresponding number and calendared for First
Reading.
2. First Reading
Its title, bill number, and author’s name are read on the
floor, after which it is referred to the proper committee.
3. Committee Hearings/Report
Committee conducts hearings and consultation
meetings. It then either approves the proposed bill
without an amendment, approves it with changes, or
recommends substitution or consolidation with similar
bills filed.
4. Calendaring for Second Reading

The Committee Report with its approved bill version is
submitted to the Committee on Rules for calendaring
for Second Reading.
5. Voting on Second Reading
The bill is read in full (with amendments proposed by the committee) – unless
copies are distributed and such reading is dispensed with. The bill will be
subjected to debates, motions and amendments. The members vote on the
second reading version of the bill. If approved, the bill is calendared for third
reading.
6. Voting on Third Reading

Printed copies of the bill’s final version are distributed to the members of the
House. This time, only the title of the bill is read on the floor. Nominal voting is
held. If passed, the approved bill is referred to the other House for concurrence.
Both Chambers follow the same procedures (First Reading, Second Reading
and Third Reading).
If the “Other House” approves without amendment it is passed to the President. If

the “Other House” introduces amendments, and disagreement arises, differences
will be settled by the Conference Committees of both houses. Report and
recommendation of the 2 Conference Committees will have to be approved by
both houses in order to be considered passed.
7. Bicameral Conference Committee (if there is conflict)
If the approved version is compatible with that of the other
chamber, the final version’s enrolled form is printed. If there are
certain differences, a Bicameral Conference Committee is called to
reconcile conflicting provisions of both versions of the Senate and
of the House of Representatives. Conference committee submits
report on the reconciled version of the bill, duly approved by both
chambers. The reconciled version is then printed in its enrolled
form.
8. Submission to Malacañang
Final enrolled form is submitted to Malacañang. The President
either signs it into law, or vetoes and sends it back with veto
message.
President:
1. Approves and signs

The bill becomes a law.
2. Vetoes (within 30 days after receipt)

If the veto is overriden upon a vote of two-thirds
of all members of the House of origin and the
other House, the bill becomes a law.
3. Inaction
When the President fails to act upon the bill for
thirty days from receipt thereof, the bill shall
become a law as if he had signed it.
(Sec. 27(1), Art. VI, 1987 Philippine Constitution)

Note:
• The Congress cannot pass irrepealable laws.
• A bill shall embrace only one subject which shall be expressed in the title.
o To prevent hodge-podge or log-rolling legislation, which refers to a
legislation with several subjects on unrelated matters.
• Bills may originate from either lower or upper House, except:

1) Appropriation
2) Revenue/ tariff bills
3) Bills authorizing increase of public debt
4) Bills of local application
5) Private bills (Sec. 24, Art. VI, 1987 Philippine Constitution)
• The three readings must be done on separate days except when the
President certifies to its immediate enactment to meet a public calamity or
emergency.
Note:
Enrolled Bill Theory:
An enrolled bill is one duly introduced and finally passed by both Houses,
authenticated by the proper officers of each, and approved by the President. The
enrolled bill is conclusive upon the courts as regards the tenor of the measure
passed by Congress and approved by the President.
If there is a conflict between the journal entry and the enrolled bill, the enrolled
bill prevails, except as to matters which, under the Constitution, must be written in
the Journal. (Astorga vs. Villegas, 56 SCRA 714)
What are those that must be entered in the journal under the Constitution?
1) Yeas and nays on third and final reading of a bill
2) Veto message of the President
3) Yeas and nays on the repassing of a bill vetoed by the President
4) Yeas and nays on any question at the request of 1/5 members present
(Political Law Reviewer, Nachura)
Effectivity of Laws
When laws take effect:
• Art. 2 of the Civil Code of the Philippines:
“Laws shall take effect after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise provided.”
• Section 1, Executive Order No. 200 (repealing Art. 2 of the Civil Code)
“Laws shall take effect after fifteen days following the completion of their
publication either in the Official Gazette or in a newspaper of general circulation
in the Philippines, unless otherwise provided.”
• Sec 18 Chapter 5 Book 1 of Administrative Code (EO 292)
Sec. 18. When Laws Take Effect. - 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.
What do you mean by the phrase “unless otherwise provided”?
If the law provides “this law shall take effect ten days after
publication”, when is the law effective?
If the law provides “this law shall take effect twenty days after
publication”, when is the law effective?
If the law provides “this law shall take effect immediately”, when is
the law effective?
If the law did not provide as to the effectivity date, when is the law
effective?
Persons and Family Relations, Sta. Maria

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STATUTORY

02 Steps of becoming a law

• Rule of conduct formulated and made obligatory by

• Includes Republic Acts, Presidential Decrees,

• This refers to an act of the legislature (Philippine

Art. VI Art. VII

1987 Constitution of the Philippines

Legislative power is the power to propose, enact, amend and

Legislative power is plenary except only to such limitations as are

The legislative power shall be vested in the Congress of the

Referendum is the power of the electorate to approve or reject

(Republic Act 6735)

• Legislature (Philippine Commission, Philippine

• President – 1973 & Freedom Constitutions (Presidential

• Sangguniang Barangay, Bayan, Panglungsod,

• Administrative or executive officer (Delegated power and

• People (Initiative and Referendum)

4. Calendaring for Second Reading

6. Voting on Third Reading

If the “Other House” approves without amendment it is passed to the President. If

1. Approves and signs

2. Vetoes (within 30 days after receipt)

(Sec. 27(1), Art. VI, 1987 Philippine Constitution)

• The Congress cannot pass irrepealable laws.

• Bills may originate from either lower or upper House, except:

Enrolled Bill Theory:

• Art. 2 of the Civil Code of the Philippines:

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