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Agpalo Notes 2003
Agpalo Notes 2003
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 e of legislati!e
power", Presidential issuances (ordinance power"
#urisprudence, ordinances passed by sanggunians of
local go!ernment units$
%tatutes, generally
An act of legislature (Philippine &ommission, Phil$
Legislature, 'atasang Pambansa, &ongress"
PD(s of )arcos during the period of martial law *+,-
&onstitution
EO of A.uino re!olutionary period /reedom
&onstitution
Public 0 affects the public at large
general 0 applies to the whole state and
operates throughout the state ali1e upon all
people or all of a class$
%pecial 0 relates to particular person or things
of a class or to a particular community,
indi!idual or thing$
Local Law 0 operation is confined to a
specific place or locality (e$g municipal
ordinance"
Pri!ate 0 applies only to a specific person or
sub2ect$
Permanent and temporary statutes
Permanent 3 one whose operation is not limited in
duration but continues until repealed$
4emporary 3 duration is for a limited period of time
fied in the statute itself or whose life ceases upon the
happening of an e!ent$
o E$g$ statute answering to an emergency
Other classes of statutes
Prospecti!e or retroacti!e 0 accdg$ to application
Declaratory, curati!e, mandatory, directory,
substanti!e, remedial, penal 0 accdg$ to operation
According to form
o Affirmati!e
o 5egati!e
)anner of referring to statutes
Public Acts 0 Phil &ommission and Phil Legislature
*+6*3 *+-7
&ommonwealth Acts 0 *+-83 *+98
Republic Acts 0 &ongress *+983 *+,:, *+;, <
'atas Pambansa 0 'atasang Pambansa
Identification of laws 0 serial number and=or title
ENACTMENT OF STATUTES
Legislati!e power, generally
Power to ma1e, alter and repeal laws
>ested in congress 0 *+;, &onstitution
President 0 *+,- ? /reedom (PD and EO
respecti!ely"
%angguniang barangay, bayan, panglungsod,
panlalawigan 0 only within respecti!e 2urisdiction 0
ordinances
Administrati!e or eecuti!e officer
Delegated power
Issue rules and regulations to implement a
specific law
&ongress legislati!e power
4he determination of the legislati!e policy and its
formulation and promulgation as a defined and binding
rule of conduct$
Legislati!e power 3 plenary ecept only to such
limitations as are found in the constitution
Procedural re.uirements, generally
Pro!ided in the constitution (for 'ills, RA"
Pro!ided by congress 0 enactment of laws
Rules of both houses of congress (pro!ided also
by the &onstitution"
Passage of bill
Proposed legislati!e measure introduced by a member
of congress for enactment into law
%hall embrace only one sub2ect which shall be
epressed in the title
%inged by authors
/ile with the %ecretary of the @ouse
'ills may originate from either lower or upper @ouse
Eclusi!e to lower house
Appropriation
Re!enue= tariff bills
'ills authoriAing increase of public debt
'ills of local application
Pri!ate bills
After - readings, appro!al of either house (see Art 8
%ec :8 (*""
%ecretary reports the bill for first reading
/irst reading 0 reading the number and title, referral to
the appropriate committee for study and
recommendation
&ommittee 0 hold public hearings and
submits report and recommendation for
calendar for second reading
%econd reading 0 bill is read in full (with amendments
proposed by the committee" 0 unless copies are
distributed and such reading is dispensed with
o 'ill will be sub2ect to debates, motions and
amendments
o 'ill will be !oted on
o A bill appro!ed shall be included in the
calendar of bills for -
rd
reading
4hird reading 0 bill appro!ed on :
nd
reading will be
submitted for final !ote by yeas and nays,
'ill appro!ed on the -
rd
reading will be transmitted to
the BOther @ouseC for concurrence (same process as
the first passage"
o If the BOther @ouseC appro!es without
amendment it is passed to the President
o If the BOther @ouseC introduces amendments,
and disagreement arises, differences will be
settled by the &onference &ommittees of both
houses
o Report and recommendation of the :
&onference &ommittees will ha!e to be
appro!ed by both houses in order to be
considered pass
President
o Appro!es and signs
o >etoes (within -6 days after receipt"
o Inaction
If the President !etoes 0 send bac1 to the @ouse where
it originated with recommendation
o :=- of all members appro!es, it will be sent to
the other house for appro!al
o :=- of the other house appro!es 0 it shall
become a law
o If president did not act on the bill with in -6
days after receipt, bill becomes a law
%ummary D - ways of how a bill becomes a law$
President signs
inaction of president with in -6 days after receipt
!etoed bill is repassed by congress by :=- !otes of
all its members, each house !oting separately$
Appropriations and re!enue bills
%ame as procedure for the enactment of ordinary bills
Only difference is that they can only originate from the
Lower @ouse but the %enate may propose= concur with
the amendments
Limitations of passage (as per &onstitution" Art 8 %ec$
:, (:"
o congress may not increase the appropriation
recommended by the President EEE
o particular appropriation limited
o procedure for &ongress is the same to all
other department= agencies (procedure for
appro!ing appropriations "
o special appropriations 0 national treasurer=
re!enue proposal
o no transfer of appropriations authority to
augment
o discretionary funds 0 for public purposes
o general appropriations bills 0 when re3enacted
o President my !eto any particular item=s in an
appropriation re!enue, or tariff bill$
Authentication of bills
'efore passed to the President
Indispensable
'y signing of %pea1er and %enate President