Agpalo - Statcon

Topics: Law, Statutory law, Separation of powers Pages: 176 (63078 words) Published: October 1, 2012
CHAPTER ONE: Statutes ENACTMENT OF STATUTES IN GENERAL Laws, generally • A whole body or system of law • Rule of conduct formulated and made obligatory by legitimate power of the state • Includes RA, PD, EO (president in the ex of legislative power), Presidential issuances (ordinance power) Jurisprudence, ordinances passed by sanggunians of local government units. Statutes, generally • An act of legislature (Philippine Commission, Phil. Legislature, Batasang Pambansa, Congress) • PD’s of Marcos during the period of martial law 1973 Constitution • EO of Aquino revolutionary period Freedom Constitution  Public – affects the public at large • general – applies to the whole state and operates throughout the state alike upon all people or all of a class. • Special – relates to particular person or things of a class or to a particular community, individual or thing. • Local Law – operation is confined to a specific place or locality (e.g municipal ordinance) Private – applies only to a specific person or subject. Legislative power, generally • Power to make, alter and repeal laws • Vested in congress – 1987 Constitution • President – 1973 & Freedom (PD and EO respectively) • Sangguniang barangay, bayan, panglungsod, panlalawigan – only within respective jurisdiction – ordinances • Administrative or executive officer • Delegated power • Issue rules and regulations to implement a specific law Congress legislative power • The determination of the legislative policy and its formulation and promulgation as a defined and binding rule of conduct. • Legislative power - plenary except only to such limitations as are found in the constitution Procedural requirements, generally • Provided in the constitution (for Bills, RA) • Provided by congress – enactment of laws  Rules of both houses of congress (provided also by the Constitution) Passage of bill • Proposed legislative measure introduced by a member of congress for enactment into law • Shall embrace only one subject which shall be expressed in the title • Singed by authors • File with the Secretary of the House • Bills may originate from either lower or upper House • Exclusive to lower house  Appropriation  Revenue/ tariff bills  Bills authorizing increase of public debt  Bills of local application  Private bills • After 3 readings, approval of either house (see Art 6 Sec 26 (1)) • Secretary reports the bill for first reading • First reading – reading the number and title, referral to the appropriate committee for study and recommendation • Committee – hold public hearings and submits report and recommendation for calendar for second reading • Second reading – bill is read in full (with amendments proposed by the committee) – unless copies are distributed and such reading is dispensed with o Bill will be subject to debates, motions and amendments o Bill will be voted on

Permanent and temporary statutes • Permanent - one whose operation is not limited in duration but continues until repealed. • Temporary - duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of an event. o E.g. statute answering to an emergency Other classes of statutes • Prospective or retroactive – accdg. to application • Declaratory, curative, mandatory, directory, substantive, remedial, penal – accdg. to operation • According to form o Affirmative o Negative Manner of referring to statutes • Public Acts – Phil Commission and Phil Legislature 1901- 1935 • Commonwealth Acts – 1936- 1946 • Republic Acts – Congress 1946- 1972, 1987 ~ • Batas Pambansa – Batasang Pambansa • Identification of laws – serial number and/or title

o A bill approved shall be included in the • •
calendar of bills for 3rd reading Third reading – bill approved on 2nd reading will be submitted for final vote by yeas and nays, Bill approved on the 3rd reading will be transmitted to the “Other House” for concurrence (same process as the first passage) o If the “Other House”...
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