@STATUTES: are written laws passed by the legislative body - Rule of conduct laid down by the legislative that must be obeyed by the citizens. - drafted, prepared and promulgated by authorities for the information of all concerned and by virtue of power vested upon them. -reqularly enforced -general of character * Obedience forms bedrock of our justice system * Government of laws not of men *As long as laws are in force, it must be applied by Courts as created by the law making body NATURE OF STATUTES: © -general: applies to all people on all particular class -special: applies to specific class or particular individuals — -local: applies to all locality PARISOFSTATUIE® TPE HK SSE 1. MTITLE : indicates the general statement and calls attention to the pn ae ae aaa subject matte (1 title; 1 subject [Art VI, Sec 26]) - to prevent hodge-podge or log rolling legislate (distinct matters in 1 bill) - to prevent surprise or fraud upon legislature - to fairly apprise the people of the subjects of legislation - need be lete index of its contents -need not to recite details of the act - not icable to ordinances 2: PREAMBLE: states the reasons forand objects of enactment 3 Points: - does nat create right nor grant right - Not a source of government power -notan essential part of statute 3, ENACTING CLAUSE: indicates authority and clothe statute with dignity contains subject matter5. REPEALING CLAUSE: announce prior statutes abrograted by its enactment 6.SAVING CLAUSE: restricts repealing act 7 SEPARABILITY.CLAUSE: states that cine: section shall not affect the constitutionality of its other provisions if a particular section is held See eee eee ae ecu ase con unconstitutional 8. EFECTIVITY CLAUSE: states when the law shall take effect TYPES OF STATUTES: -Acts of Congr A S Municipal Charters S Municipal Legislation - Court Rules - Administrative Rules - fegislative Rules ~ Presidential Issuances; . Executive Order + Administrative Order + Proclamations + Memorandum Order * Memorandum Circular + General/Special Order S Foreign Law pm 3Proposals ---> Drafts (transmitted to House or Senate) ---> Senator/Congressman introduces a bill/resolution that is filed with Bills and Index Service in the Office of Secretary ---> (3 — Bea ——__ days after) Included in the Order of Business for Tst Reading 1. Secretary of House or Senate reads the titlgand number of the bill 2. Presiding Officer (Speaker/Pres) refer the bill to Appropriate Committee 3. ponroooaie Com, will conduct Public Hearipg/Committee Discussion 4. From the Result, A bill maybe amended/substituted/forfeited Forfeiter 5s Committee renost (designates purpose/scope of bill) is prepared and transmitted to Affairs Bu PI 6. Committee Repost is registered and numbered by the Bills and ladex Service and included in next Order of Business and reffered to Committee of Rules -> (Bill is rescheduled for consideration on 2nd reading) a eee @nciReading, 1. Secretary of H/S rgags the title, number andtext of the bill 2. Upon Motion of MELeader, floor will be open for Period of Sponsorship and Debate (Committee chairman reads the sponsorship speech then followed by ebate/Interpellation) 3. Once POS/D closed, Period of Amendments open 4. Bill's approva for 2nd reading will take place (viva yoce/ count by tellers/ division of the house/nominal voting) -----»>¥ Amendments will be absorbed, printed copies will be reproduced for 3rd.reading -»»»> bill is included in Calendar for 3rd reading (Copies will be distributed 3 days before i we a 1. Secretrary H/S reads gnly the number and title of the bill 2. Upon Motion of MFLeader, fpllicall or nominal voting is called (y/n) 3. Amendments are no longer all 4. If it gets majority vote (passed), if not included in the Agchives —— >> after approved, transmits to Senate/House for its concurrence then undergo the ‘pos ——— => Samenrocess A. (if version of both Houses differs) Bicameral Conference Committee (may introducenew og or relevant provisions in the bill --->>> Conference Committee Report is prepared for signature of Chairman and members of committee --->»> submission of report from both fsa —— Some Houses for approva Senate/House (No Conference Committee) a males bill with the sign of Presiding Officers of H&S and certified by Secretary ee ge 3 Options of President: ~(AffiEMatIVEACHION: sign and pass ~GounterActionsVeto, sent back to H/S along with the reasons for veto ~dnaction; bill will become a law after 30 days a >>>> Publication in the Official Gazette, distribution and Annual Compilation of Acts and ResolutionEFECTIVITY OF NOTICE/PERIOD: *Laws require publication before they can become effective * Before a person may be bound by law, he musy be first officially and specifically informed about its content *Publication is indispensable * Court cannot rely on handwritten notes that was not part when published "Unless it is otherwise provided" refers to the date of effectivity and not the publication" 1. A law becomes effective on the date it so provides 2. If the law does not provide for effectivity date, we take the date of publication and count 15 days after publication 3."Immediately upon its approval" means 1) immediately upon its publication 2) 15 days after publication Art3.... COMPUTATION PERIOD: ART 13 impliedly repealed by Sec 31 Chapter 8 Book 1 of Administrative Code of 1987 2 ways of interpretation for Saturdays, Sundays & Legal Holidays: - Ordinary contracts, the agreement prevails = Rules of Court, time shall not ru. Until next working day PROSPECTIVE/RETROACTIVE: PAS GR: Lex Prospicit Non Respicit *Retroactive application divests rights guaranteed by the Constitution -Doctrines: when Doctrine of Courts is overruled, new Doctrine applies prospectively -Amendments: Amendatory Act operates prospectively and should not be given retroactive application if it is not expressed or by necessary implication to apply retroactively. -Jurisdiction: where a statute changing the jurisdiction of a court has no retroactive effect, it cannot be applied to a case that was pending prior to the enactment of the statute. XPNTOGR: PCIPE -Procedural Laws: refers to adjective law that prescribe rules and forms of procedure. And may be given retroactive effect on pending actions at the time of their passage so long as they do not violate right of a person who may feel adversely affected. - Curative Statutes: healing acts, cure or supply defects, cure errors and irregularities to validate judicial or administrative proceedings, acts of public officers which would not produce their intended cknsequences by reaskn of statutory disability or failure to comply with some technical requirement. Curative laws, by their very nature applies retroactively. - Interpretative: an administrative rule interpretative of a statute and not declarative of certain rights and corresponding obligations is given retroactive effect as to the date of effectivity of the statute. -Penal statute: Art 22 RPC states that penal laws shall have retroactive effect insofar that it favors the accused who is not a habituual criminal, although at the time of the publication of such law, the final sentence has been pronounced. - Express Provision: when the law itself provides for its own retroactivity. A strict prospectivprospective application will emasculate the law, for the state will not be able to exercise its regulatory functions and curb despite obvious prejudice to people that has to be protected by law. XPN TO XPN: CUHET - Contrary to Law: procedural restructuring should not prejudice substantive rights. If it creates new substantive right, it cannot be given retroactive effect if it will remove or prejudice existing right acquired from the same origin - Unjust Law: If procedural laws will be applied retroactively and injustic would involve intricate problems of due process, it shall not be given retroactive effect. - Habitual criminals: Habitual delinquent are exceptions in Art 22 of RPC. -Ex Post Facto Law: Ex Post facto law are laws that make every action done before the passage of the law and which was innocent when done, criminal and punishes such actign. If Ex Post Facto law's retroactivity would be favorable to the defendant, then it can be given retroactive effect but as part of Bill of Rights, Ex Post Facto Law are prohibited in our Constitution. -Impairment of Obligations and Contracts: Congress cannot pass a law that could affect how parties to a contract relate from one another and if it results to impairment of obligations and contracts REPEAL * Legislature is presumed to have knowledge of all the laws previously passed and intended to change it * In case there is conflict between 2 laws, the later law must prevail being more recent expression of the legislative will * When a Law impliedly repealed a prior law, then the law itself is repealed as well * No implied revival of repealed law unless expressly provided Kinds of Repeal: 1. Express Repeal: It is writen in the Repealing clause of the statute 2. Implied Repeal: can only be construed as repealing a prior law if an IRRECONCILABLE, INCONSISTENT, AND REPUGNANT provision exist. a. When the provision in the 2 acts on the same subject matter are in an irreconcilable conflict b. If the later act covers whole subject matter of the earlier one and intended to be the substitute, Kind of Implied Repeal: - General law to a special law - Special law: when there is conflict between the general and the specific provisio , the specific will prevail - Other Statutes if Court can reconcile them instead of repealing the whole law - Other Provision -Amendment: when amendment purports to set out original act - CodificationWAIVER * A person may waive any matter which affects his property and alienable right or privilege of which belongs to him or of which he is legally entitled as long as it does not injure rights of another or is contrary to law, public order, public policy. Waiver: voluntary relinquishment or abandonment of a right which a party would've enjoyed if it not for the waiver. - Right to bail - right against unreasonable searches - right to counsel and to remain silent - right to be heard 2 classes of rights guaranteed to an accused of crime: - which the state and the accused is interested - those that are personal to the accused (cannot be waived) FOUNDATIONS OF STATCON: Statutory Construction - is the art of discovering the true meaning of the words of statute. It is not a basic reading comprehension and it has standards that is being followed. Do all cases need Statcon? No. Statcon is only needed when there is ambiguity in the law. If there is no ambiguity, there is no room for interpretation, there is only room for application. What happens when the law is vague? SC will struck down the law What is the reason behind Verba Legis? The lawmakers are presumed to know what they said and the laws specifically our Constitution is for all citizens of the Philippines or the person of common intelligence to understand and not for lawyers alone. Purpose of Construction: - Ascertain the Legislative Intent through interpretation - Ascertain the legislative intent through how it is constructed Verba Legis - "Plain Meaning Rule" Index Animi Sermo GR: We look at the TEXT---»>» if there is no reason to depart ---->>> APPLY--->>? If there is conflict---->>>>>>>we at the INTENTION Article 9: The Court shall not refuse to render judgment bh reason of silence, obscurity or insufficiency in the law. * If there is silence, obscurity or insufficiency in the law, we resort to statutory construction Article 10: In case of doubt in the interpretation of the law, it is prezume that the law making body intended right and justice to prevail. 3 Reasons to Depart from Verba Legi: -Silence -Obscurity (unclear) -Insufficiency Another one is if the original intent would not render justice to those who deserves it.PRESUMPTIONS TO THE LAW: CMP E - presumed to be Constitutional - it helps the government in earning - Presumed to be valid - they are not just s piece of paper - Presumed to be Just - lawmakers enact laws for benefit of justice - Presumed to be practical - (logic,common sense, reasonableness) - Presumed to be Effective - JUDICIAL FUNCTION: Separation of Powers: Legislative: enacts/make laws; Executive: enforces the law: Judicial: interprets the law Equity Jurisdiction: used when there is inflexibility in statutes and will result to unjust enrichment to the other party What are limits of Statcon: -limited to legislative intent Judicial Legislation- is the jurisprudence that was formerly decided by the Courts which attained finality Stare Decisis: when SC laid down a principle applicable to a certain set of facts. It shall be applied to all future cases Why do we use stare decisis? Because if the SC cannot stand on their own decision, then how can the people trust the judiciary When do we abandon Stare decisis? If it violates the law in force Res Judicata: principle that a cause of action may not be relitigated after it has been given judgment . Elements of res judicata: - judgment sough to bar action must be final - decision must have been rendered by the court who has jurisdiction - disposition of the case must be judgment on merits - there must be identity of parties, subject matter and cause of action as between the 1st and 2nd action Is res judicata absolute? Yes. Final judgment on meritz rendered by competent court is conclusive as to the rights of the parties and constitutes absolute bar to subsequent actions involving same matters. Litis Pendentia: situation where snother action is pending between same parties for the same cause of action, so that one of them becomes necessary and vexatious. Forum Shopping: to have legal case heard in the court thought most likely will give favorable judgment. Elements of Forum Shopping: - the identity of parties represents the same interests in both actions - the identity of rights asserted and reliefs prayed for is founded on the same facts - the identity of the 2 preceeding particulars will amount to res judicata in the actionz under consideration.Ratio Decidendi vs Obiter Dictum Obiter Dictum: not essential to the decision or does not have binding effect on the decision that a judge will render Ratio Decidendi: the reason or rationale that lead the judge to come up on the decision