Statutes

• Statutes


  A written will of the legislature expressed according to the form necessary to constitute it a law of the state and rendered authentic by certain prescribed forms and solemnities
• Classes of Statute Law

  • The 1987 Constitution
  • Treaties and International Agreements
  • Statutes enacted by the Legislature
  • Administrative Rules and Regulations
  • Ordinances enacted by the Autonomous Regions
  • Ordinances enacted by Local Government Units
• Statutes enacted from 1900 to present


  • 4275 ACTS - Enactments from 1900-1935
  • 733 Commonwealth Acts - Enactments from 1935-1945
  • 2034 Presidential Decrees - Enactments from 1972-1985
  • 884 Batas Pambansa - Enactments form 1979-1985
  • 10923 Republic Acts - Enactments from 1946-1972
• Other issuances during Martial Law

  • 57 General Orders
  • 1525 Letters of Instructions
  • 2489 Proclamations
  • 832 Memorandum Order
  • 1297 Memorandum Circular
  • 157 Letters of Implementation
  • Letter of Authority
  • Letters of Instruction
  • 504 Administrative Orders
  • 1093 Executive Orders
• Philippine Codes adopted from 1901 to present


  • Administrative Code of 1987 (E.O No. 292)
  • Child and Youth Welfare Code (P.D. No. 603)
  • Civil Code (R.A. No. 386)
  • Comprehensive Agrarian Reform Code
  • Code of Ethical Standards for Public Officials and Employees (R.A. No. 6713)
  • Cooperative Code (R.A. No. 9520)
  • Corporation Code (Batas Pambansa Blg. 68)
  • Family Code (E.O. No. 209)
• Determining the intent of the law


  1. Was it introduced by both House of Congress or just by one? How?

  2. If the law is older than the last three or four Congresses, go to Archives Division of the House which introduced the law

  3. If the law is from the last three or four Congresses, it is available on their websites

  4. Search by Title/Subject or Bill Number
• Kinds of Statutes as to nature


  • Penal - imposes punishment of an offense
  • Remedial - remedy former laws, reform or extend rights
  • Substantive - creates, defines, regulates the rights and duties of parties
  • Labor - welfare of laborers, governs employer-employee relationship
  • Tax - exaction of money from the state to achieve legislative or general objective
• Kinds of Statutes as to application


  • Mandatory - non-compliance renders act void or illegal
  • Directory - compliance does not invalidate act
• Kinds of Statutes as to performance


  • Permanent - continues in performance until altered or repealed
  • Temporary - fixed for a specified period
• Kinds of Statutes as to scope


  • General - applies to persons, entities, things as a class omitting no one
  • Special - particular persons, entities, things
  • Local - specific, within territorial limits
• Other types of Statutes


  • Prospective - operates after it takes effect
  • Retrospective - affects acts already committed before effectivity
  • Repealing - revokes or terminates another statute
  • Amendatory - addition to the original law for improvement (modifies or qualifies)
  • Reference - refers to other statutes and make them applicable to the subject of the new legislation
  • Declaratory - establishes its meaning & correct construction
• Parts of a Statute


  • Title
  • Preamble
  • Enacting Clause
  • Body
  • Repealing Clause
  • Saving Clause
  • Separability Clause
  • Date of effectivity
• Title


  Indicates in broad but clear terms in nature, scope and consequences of the proposed law and its operation
• Preamble


  Does not create right nor grant any right, not a source of government, not an essential part of statute (Whereas)
• Enacting Clause


  Declares its enactment and identifies the government body that enacted the statute or regulation
• Body


  Consists of only one subject, as long as the provisions are allied and germane to the subject
• Repealing Clause


  Announces the legislative intent to terminate or revoke another statute
• Saving Clause


  Restricts a repealing act and preserves existing powers, rights, and pending proceedings from the effects of the repeal
• Separability Clause


  If so mutually dependent and connected, or intended as a whole, nullity of one part vitiates the rest
• Date of Effectivity


  Publication in the Official Gazette, condition for their effectivity, except those interpretative regulations and those in internal nature
• Title must have only one subject to prevent hodge-podge or logrolling legislation, to prevent surprise or fraud, and to fairly apprise the people of the subject of legislation
• Ordinance

  The name typically used for a law passed by a local political subdivision, such as a city, county, village, or town. Ordinances may address a wide variety of local issues, from local government structure to speed limits and sign sizes
• Ordinances


  • Often address issues related to public safety, such as traffic regulations, building codes, fire safety, noise control, and public health regulations. They help ensure that the community is a safe place to live
• Philippine Legislative System

  • Legislative power is vested in both the government and the two-chamber congress—the Senate (the upper chamber) and the House of Representatives (the lower chamber)
  • Congress is responsible for making enabling laws to make sure the spirit of the constitution is upheld in the country and, at times, amend or change the constitution itself
  • The legislative branch of government is responsible for making laws within a country. Legislatures are made up of people called legislators who, in democracies, are elected by the country's population
• How a Bill becomes a Law

  1. A bill is a proposal for a new law or a change to an existing law

  2. Once a bill is introduced, it is assigned to a committee whose members will research, discuss, and make changes to the bill

  3. The bill is then put before that chamber to be voted on

  4. If the bill passes one body of Congress, it goes to the other body to go through a similar process of research, discussion, changes, and voting

  5. Once both bodies vote to accept a bill, they must work out any differences between the two versions

  6. The president then considers the bill. The president can approve the bill and sign it into law. Or the president can refuse to approve a bill. This is called a veto

  7. If the president chooses to veto a bill, in most cases Congress can vote to override that veto and the bill becomes a law. But if the president does not sign off on a bill and it remains unsigned when Congress is no longer in session, the bill will be vetoed by default. This action is called a pocket veto, and it cannot be overridden by Congress
• Harmonization of the bill, if necessary

  1. Parallel reading between house and senate

  2. Bicameral Conference Committee (3rd House of Congress)

  3. Enrolled Bill

  4. Signed by Senate President and Speaker of the House

  5. Submit to President for approval (approve/ veto/ lapse into law)
• Civil Law and Common Law System


  • In civil law, codified statutes and ordinances rule the land. In common law, past legal precedents or judicial rulings are used to decide cases at hand
  • Common law countries rely on an adversarial legal system, where two opposing parties present their arguments and evidence to a judge or jury. In civil law countries, the legal system is often inquisitorial, where judges play a more active role in questioning witnesses and gathering evidence