A statute is an act of the legislature, adopted pursuant to its constitutional authority, by void or unconstitutional, the remaining portions or provisions
isions thereof shall not be affected by
prescribed means and in certain form such that it becomes the law governing conduct within
its scope. Statutes are enacted to prescribe conduct, define crimes, create inferior
governmental bodies, appropriate public funds, and in general promote the public good and
welfare.
I. Parts of a Statute
Ò Title
Title -- The title of the statute is the heading on the preliminary part, furnishing the name by
which the act is individually known.
Example: Philippine Medical Technology Act of 1969
Ò Preamble
Preamble -- That part of the statute explaining the reasons for its enactment and the objects
sought to be accomplished.
Ò Enacting clause
Enacting Clause -- That part of the statute which declares its enactment and serves to identify
it is an act of legislation proceeding from the proper legislative authority.
Example: "Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled."
Ò Body
Body -- The main and operative part of the statute containing its substantive and even
procedural provisions. Provisos and exemptions may also be found in the body of the statute.
Ò Repealing clause
Repealing Clause -- That part of the statute which announces the prior statutes or specific
provisions which have been abrogated by reason of the new law.
Example: SECTION 13. Repealing Clause - All laws, decrees, orders, rules and regulations,
other issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly. (From REPUBLIC ACT NO. 9048)
Ò Separability clause
Separability Clause -- That part of the statute which provides that in the event that one or
more provisions are declared void or unconstitutional, the remaining provisions shall still be
in force and effect
Example: SECTION 12. Separability Clause. - If any portion or provision of this Act is declared
such declaration. (From REPUBLIC ACT NO. 9048)
Ò Effectivity clause
Effectivity Clause -- That part of the Statute which announces the effectivity date of the law.
Example: SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation. (From
REPUBLIC ACT NO. 9048)
How a bill becomes a law?
1987 Constitution
SECTION 26.
(1) Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.
(2) No bill passed by either House shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have been
distributed to its Members three days before its passage, except when the
President certifies to the necessity of its immediate enactment to meet a public
calamity or emergency. Upon the last reading of a bill, no amendment thereto shall
be allowed, and the vote thereon shall be taken immediately thereafter, and the
yeas and nays entered in the Journal.
Section 2.
The Senate shall be composed of twenty-four Senators who shall be elected at large
by the qualified voters of the Philippines, as may be provided by law.
SECTION 27.
(1) Every bill passed by the Congress shall, before it becomes a law, be presented to
the President. If he approves the same, he shall sign it; otherwise, he shall veto it
and return the same with his objections to the House where it originated, which
shall enter the objections at large in its Journal and proceed to reconsider it. If, after
such reconsideration, two-thirds of all the Members of such House shall agree to
pass the bill, it shall be sent, together with the objections, to the other House by
which it shall likewise be reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law. In all such cases, the votes of each
House shall be determined by yeas or nays, and the names of the Members voting
for or against shall be entered in its Journal. The President shall communicate his
veto of any bill to the House where it originated within thirty days after the date of
receipt thereof; otherwise, it shall become a law as if he had signed it.
(2) The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items
to which he does not object.
Effectivity
Art. 2.  Laws shall take effect after fifteen days following the completion of their
publication in the Official Gazette, unless it is otherwise provided.  This Code
shall take effect one year after such publication. (1a)
Other Principles
Art. 3.  compliance
Ignorance of the law excuses no one from compliance therewith. (2)
Art. 4.
Laws shall have no retroactive effect, unless the contrary is provided. (3)
Art. 7.
Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the
contrary.
When the courts declared a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only
when they are not contrary to the laws or the Constitution. (5a)
Administrative Code Book 1
Chapter 5
OPERATION AND EFFECT OF LAWS
  
    Sec. 18. When Laws Take Effect. - Laws shall take effect after fifteen (15) days
following the completion of their publication in the Official Gazette or in a
newspaper of general circulation, unless it is otherwise provided. chanrobles virtual law library
    Sec. 19. Prospectivity. - Laws shall have prospective effect unless the contrary is
expressly provided. chanrobles virtual law library
    Sec. 20. Interpretation of Laws and Administrative Issuances. - In the
interpretation of a law or administrative issuance promulgated in all the official
languages, the English text shall control, unless otherwise specifically provided. In
case of ambiguity, omission or mistake, the other texts may be consulted. chanrobles virtual law library
    Sec. 21. No Implied Revival of Repealed Law.- When a law which expressly
repeals a prior law itself repealed, the law first repealed shall not be thereby
revived unless expressly so provided.
chanrobles virtual law library
    Sec. 22. Revival of Law Impliedly Repealed. - When a law which impliedly repeals
a prior law is itself repealed, the prior law shall thereby be revived, unless the
repealing law provides otherwise.
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    Sec. 23. Ignorance of the Law. - Ignorance of the law excuses no one from
therewith.  
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Chapter 6
OFFICIAL GAZETTE
  
    Sec. 24. Contents. - There shall be published in the Official Gazette all legislative
acts and resolutions of a public nature; all executive and administrative issuances of
general application; decisions or abstracts of decisions of the Supreme Court and
the Court of Appeals, or other courts of similar rank, as may be deemed by said
courts of sufficient importance to be so published; such documents or classes of
documents as may be required so to be published by law; and such documents or
classes of documents as the President shall determine from time to time to have
general application or which he may authorize so to be published. chanrobles virtual law library
    The publication of any law, resolution or other official documents in the Official
Gazette shall be prima facie evidence of its authority. chanrobles virtual law library
    Sec. 25. Editing and Publications. - The Official Gazette shall be edited in the
Office of the President and published weekly in Pilipino or in the English language. It
shall be sold and distributed by the National Printing Office which shall promptly
mail copies thereof to subscribers free of postage.  
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