This document discusses statutory construction and the parts of statutes. It defines statutory construction as the process of discovering the meaning and intention of laws. When a law is clear, there is no need for interpretation. The parts of a statute include the preamble, title, enacting clause, purview/body, separability clause, repealing clause, and effectivity clause. Statutes can be classified according to their scope, duration, application, and operation. The title of a statute must express its subject and give notice to legislators of its contents.
This document discusses statutory construction and the parts of statutes. It defines statutory construction as the process of discovering the meaning and intention of laws. When a law is clear, there is no need for interpretation. The parts of a statute include the preamble, title, enacting clause, purview/body, separability clause, repealing clause, and effectivity clause. Statutes can be classified according to their scope, duration, application, and operation. The title of a statute must express its subject and give notice to legislators of its contents.
This document discusses statutory construction and the parts of statutes. It defines statutory construction as the process of discovering the meaning and intention of laws. When a law is clear, there is no need for interpretation. The parts of a statute include the preamble, title, enacting clause, purview/body, separability clause, repealing clause, and effectivity clause. Statutes can be classified according to their scope, duration, application, and operation. The title of a statute must express its subject and give notice to legislators of its contents.
This document discusses statutory construction and the parts of statutes. It defines statutory construction as the process of discovering the meaning and intention of laws. When a law is clear, there is no need for interpretation. The parts of a statute include the preamble, title, enacting clause, purview/body, separability clause, repealing clause, and effectivity clause. Statutes can be classified according to their scope, duration, application, and operation. The title of a statute must express its subject and give notice to legislators of its contents.
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STATUTORY CONSTRUCTION Form of government: Modified Parliamentary
- Act or process of discovering and expounding 1986-1987: Executive Orders (EOs)
the meaning and the intention of the authors of Form of government: Provisional Constitution the law with respect to its application in a given case where that intention is rendered LAWS – rule of conduct formulated and made doubtful among others by reason of the fact that obligatory by legitimate power of the state. the given case -it includes: is not explicitly provided by the law 1. enacted by legislature - Act of seeking the intention of the legislature 2. presidential decrees and executive orders in enacting a statue and applying to a given state issued by the President in the exercise of his of fact legislative power *General rule: when the law is clear, there’s no 3. other presidential issuances in the exercise of need to interpret it. Stat con will not apply. his ordinance power 4. rulings of the Supreme Court construing the Legislative intent law 5. rules and regulations promulgated by - Purpose and meaning of the law administrative or executive officers pursuant to - It should be based if there is ambiguity a delegated power – speaker of the house 6. ordinances passed by sanggunians of local government units – senate president – secretary of senate STATUTE – an act of the legislature as an – sec. general of the house of representative organized body expressed in the form, and passed according to the procedure, required to constitute it as part of the law of the land. 1900-1935: Public Acts Form of government: Philippines government under US sovereignty CLASSIFICATION OF STATUTES 1935-1946: Commonwealth acts According to Scope:
Form of government: Philippine 1. Public Statute – one which affects the public commonwealth at large or the whole community.
1946-1972: Republic Acts 2. Private statute – one which applies only to a
specific person or subject Form of government: Republic 1972-1986: Presidential Decrees and Proclamations Classification of public statutes
Form of government: martial law 1. General law – one which applies to the whole state and operates throughout the state alike 1987-2017: Republic Acts upon all the people or all of a class Form of government: Republic -one which embraces a class of subjects or 1978-1985: Batas Pambansa places and does not omit any subject or place naturally belonging to such class. 2. Special law – one which relates to particular occasion for making the law to which it is persons or things of a class or to a particular prefixed community, individual or thing. 2. Title of Statutes 3. Local law – one whose operation is confined to a specific place or locality. - the Constitution provides that “every bill passed by Congress shall embrace only one EX: Municipal Ordinance subject which shall be expressed in the title thereof” According to its Duration: Purpose 1. Permanent statute – one whose operation is - to apprise the legislators of the object, nature not limited in duration but continues until and scope of the provision of the bill, and to replaced. It does not terminate by the lapse of a prevent the enactment into law of matters which fixed period or by the concurrence of an event have not received the notice, action and study of the legislators 2. Temporary statute – whose duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of an event. Subject of repeal of Statute - the repeal of a statute given subject is properly connected with the subject matter of a new According to its Application: statute on the same subject; and thereof a repealing section in the new statute is valid, 1. Prospective notwithstanding that the title is silent on the 2. Retroactive subject
According to its Operation: How requirement of title is construed
1. Declaratory - The title of a bill should be liberally construes. It should not be given a technical interpretation. 2. Curative Nor should it be so narrowly construed as to 3. Mandatory cripple or impede the power of legislation
4. Directory 5. Substantive When requirement not applicable
6. Remedial - the requirement that a bill shall embrace only
one subject which shall be expressed in its title 7. Penal was embodied in the 1935 Con. And reenacted According to its Forms: in the 1973 and 1987 Constitution.
1. Affirmative; or - it only applies only to bills which may
thereafter be enacted into law. 2. Negative Effect of insufficiency of title - a statute whose title does not conform to the PARTS OF STATUTES constitutional requirement or is not related in any manner to its subject is null and void 1. Preamble - Prefatory statement or explanation or a finding of facts, reciting the purpose, reason, or 3. Enacting clause - Written immediately after the title thereof which states the authority by which the act is enacted
4. Purview or body of Statute
- part which tells about what the law is all about. It should only one subject matter - the act is divided into sections, each of which is numbered and contains a single proposition
5. Separability clause - part of statute which state that if any provision of the act is declared invalid, the remainder shall not be affected thereby.
6. Repealing clause - When the legislature repeals a law, the repeal is not a legislative declaration finding the earlier law is unconstitutional. The power to declare a law unconstitutional does not lie with the legislature, but with the Courts
7. Effectivity clause - It is the provision when the law takes effect. Usually upon the requirement of Article 2 of the Civil Code of the Philippines.
