WEEK 4

CHAPTER III

LAWS: CONSTITUTION, STATUTE AND ORDINANCE

A. Law
3.1. Definition
3.2. Classification of Laws
3.2.1. According to the extent of their enforceability or applicability
General v. Special laws
3.2.2. According to whether a right is created or
a procedure of the enforcement of a right is provided
Substantive v. Procedural laws
3.2.3. According to the persons affected
Public v. Private Laws
3.2.3.1. Distinctions between private and public laws
3.2.4. According to their force
Mandatory/Prohibitory v. Directory Laws
3.2.5. According to their effect and operation
Prospective v. Retroactive Laws
3.2.6. According to the term used for their expression
Affirmative v. Negative Laws

B. The Subjects of Construction and Interpretation

Constitution
3.3. Definition and Purpose
3.4. Doctrine of Constitutional Supremacy
3.5. Constitution v. Statutes

Case: Tawang Multi-Purpose Cooperative v. La Trinidad Water District

G.R. No. 166471, March 22, 2011. 646 SCRA 21

Statute
3.6. Definition
3.7. Nomenclature of Statutes in the Philippines since 1901
3.8. Sample of a Republic Act
3.9. Parts of a Statute
Case: Barangay Association for National Advancement
and Transparency (BANAT) Party-List v. Commission on Elections,
G.R. No. 177508, August 7, 2009. 595 SCRA 477

Ordinance
3.10. Definition
3.11. Ordinance v. Resolution
64
3.12. Test of a Valid Ordinance
Cases:

Hon. Ma. Lourdes C. Fernando v. St. Scholastica's College

G.R. No. 161107, March 12, 2013. 693 SCRA 141

The following are discussed:

1. An actual ordinance that is enacted by the City of Marikina;

2. Police power of the State;
3. Nature of the police power of the local government units;
4. Test of a valid ordinance;
5. Tests of a valid exercise of police power
(if police power is the rationale of the enactment of an ordinance).

White Light Corporation v. City of Manila

G.R. No. 122846, January 20, 2009. 576 SCRA 416

C. Doctrine of Vagueness v. Doctrine of Over breath