Statutory Construction L’Michelli K.

Horlador
Assignment #1

1. Briefly illustrate (through a flowchart) the organization of the Philippine

Government. 

Above is a brief illustration of the organization of the Philippine

government which is composed of the Legislative Department, the Executive
Department and the Judicial Department.

The Legislative Department or the Congress of the Philippines is tasked to

make laws and is composed of two houses, the Upper House which is the
Philippine Senate and the Lower House which is the House of Representatives.

The Executive Department carries out the law and implements them. It is
composed of the President and the Vice President who are both elected by the
people. The President has the power to choose the member of his/her Cabinet.
The Cabinet is composed of the Secretaries of various Executive Departments
which serve as alter ego of the President in running the government.

Lastly, the Judicial Department interprets the meaning of laws, applies

laws to individual cases, and decides if laws violate the Constitution. On top of
this branch of government is the highest tribunal which is the Supreme Court
which is headed by the Chief Justice and 14 associate justices. Second to the
Supreme Court are: the Court of Appeals, Sandiganbayan and the Court of Tax
Appeals with their own specific jurisdictions. Also part of the Judiciary are the
 lower courts composed f the Regional Trial Courts and Sharia District Courts.
Under them are the Municipal Trial Courts and Circuit Trial Courts.

2. Are the different departments of the government truly independent from

each other?  Explain fully.

This independence of the three different departments of government from

each other is by virtue of the principle of separation of powers. With this, the
major powers of government are distributed by the Constitution to ensure that
concentration of authority that might lead to abuse is prevented. The Legislature
is vested with the power to make laws, the Executive with the power to
implement laws and the Judiciary, to interpret laws. Each has exclusive
jurisdiction and is considered supreme on matters within its own sphere.
The divided power must be wielded by co-equal branches of government
that are equally capable of independent action in exercising their
respective mandates.

This principle, however, does not intend that the three branches be
absolutely independent and unrestrained from each other. The Constitution
provides for an elaborate system of checks and balances for purposes of
coordination, harmony and at the same time to ensure that not one branch is
exercising supremacy over the other.

3. What are the different parts of a statute?

Victor Sualog in his book, “Construction and Interpretation of the Laws”

(2015) the following are the important parts of a statute:

1. Official Citation
This is the nomenclature eof the statute and its number which is the cardinal,
ordinal and nominal number of the statute.
2. Title
This is the name by which the statute is known.
3. Enacting Clause
This declares the legislative authority of the legislature that enacted the
statute and gives the statute the force of law.
4. Preamble

This part enumerates the aims and objectives f the statute and declares the
principles and state policies that guide the legislature in enacting the statute. It
consists of the “whereas” clauses that precede the body of the statute.
5. Body

The main body or content of the statute that may be divided into parts, each
covering a different subject. The body is subdivided into:

a. Section- numbered in bold type and written as Section (number).

b. Epigraph- brief statement of what each section is about. It is the ehading
of each section.
c. Subsection-numbered in standard type and enclosed in brackets
d. Parangraph- an association of sentence that gives a point or an idea.

6. Separability Clause

States that if any provisions, part or portion of the statute shall be declared
unconstitutional, the other provisions, parts or portions which are not affected
shall remain valid and effective unless the remaining provisions, parts or portions
will no longer stand as a good law.

7. Repealing Clause

Indicates the prior law that it revokes in case of an express repeal. It may also
provide a general statement that other laws contrary to or inconsistent with the
provisions of the statute or any part thereof , are repealed, amended or modified
accordingly.

8. Effectivity Clause

States when the law will take effect or become effective.

9. Definition Section

Gives the meaning of key terms in the text of the statute.

10. Interpretation Section

States the rule on how the statute shall be interpreted in case of ambiguity in
any provision thereof.
11. Saving Clause

Limits the application or operation of a new statute to already existing rights,

obligations and procedures when the new statute will affect them. This clause
avoids the impairment of vested rights, existing obligations and contracts.