Professional Documents
Culture Documents
Parts of Statute
Parts of Statute
Parts of Statute
1. Title
That part of the statute which gives a general statement of, and calls attention to, the
subject matter of an act, so that legislators and the public may be appraised of the subject
matter of the legislation, and be put upon inquiry in regard thereto.
Example:
Requirements:
Section 26 (1) Article VI. Every bill pass by the Congress shall embrace only one
subject which shall be expressed in the title thereof.
Purpose:
3. To fairly apprise the people of the subjects of legislation being considered so that
they may have the opportunity of being heard thereon, if they shall so desire.
The requirement only applies to bills which may thereafter be enacted into law. It
does not apply to laws in force and existing at the time the 1935 constitution took
effect.
b. Sufficiency of a title
When there is doubt as to the sufficiency of either the title or the act, the legislation
should be sustained. The presumption is in favor of the validity of the acts.
People V. Hon. Simeon N. Ferrer et al. G.R. No. L-32613, December 27, 1972
The said REQUIREMENTS are NOT applicable to ordinances of different councils such as
municipal, city and provincial ordinances because they are NOT enacted by the CONGRESS,
Section 26(1), Article VI of the Constitution mentions Congress only.
2. Preamble
That part of the statute following the title and preceding the enacting clause, which states
the reasons for, or the objects of the enactment.
Example:
"WHEREAS, there is pressing need to accelerate the Agrarian Reform of the Government
for the early attainment of the objectives set forth in [RA] No. 3844, as amended;
WHEREAS, among such objectives is to achieve dignified existence for the small farmers
free from the pernicious institutional restraints and practices which have not only retarded
the agricultural development of the country but have also produced widespread discontent
and unrest among our farmers, one of ten cause of ten existing national emergency; and
WHEREAS, it is believed that the lasting objectives of land reform may be sooner realized if
the whole country is declared a land reform area."
People vs Echavez, 95 SCRA 663 [1980], People v. Purisima, 86 SCRA 542 [1978]
3. Enacting Clause
It is that part of the statute that indicates the authority that promulgated to the validity of the
law but this clause clothes the statute with a certain dignity because the specific authority
that promulgated the law is therein stated.
Examples:
"Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled"
4. Body or Purview
It contains the subject matter. It should embrace only one subject matter.
"Article 33. Marriages among Muslims or among members of the ethnic cultural
communities may be performed validly without the necessity of marriage license, provided
they are solemnized in accordance with their customs, rites or practices."
6. Interpretative Clause
That part of the statute where the legislature defines its own language or prescribes rules
for its construction.
Example:
Section 4 of the Local Government Code
7. Repealing Clause
That part of the statute that announces the legislative intent to terminate or revoke another
statute or statutes.
Example:
Section 233 of the Local Government Code
8. Saving Cause
This restricts a repealing act and preserves existing powers, rights and pending
proceedings from the effects of the repeal.
Example:
"Section 31. SAVING CLAUSE. - The Assembly hereby reserves the right to amend, alter,
or repeal any provision of this Act, and no person shall be or shall deemed to be vested
with any property or other right by virtue of the enactment or operation of this Act. (As
amended by Section 2, RA No. 1792 and Section 20, PD No. 735, S-1975)"
9. Separability Clause
It is a clause, which states that if for any reason, any section or provision of the statute is
held to be unconstitutional or invoked, the other section or provision of the law shall not be
affected thereby.
The effectivity clause is the provision when the law takes effect.
Other Laws
1. Presidential Issuances
a. Presidential Decrees
Examples:
The President is granted an Ordinance Power under Chapter 2, Book III of Executive Order
No. 292 (Administrative Code of 1987) to issue the following:
b. Executive Orders
c. Administrative Orders
d. Memorandum Orders
e. Memorandum Circulars
2. Ordinance
Ordinance is an act passed by the local legislative body in the exercise of its law making
authority.
a. Barangay ordinance
b. Municipal ordinance
c. City ordinance
d. Provincial ordinance