Stat Com Midterms Reviewer

7/26/2019 Stat Com Midterms Reviewer

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Chapter 1: Statutes ELS StatCon Midterm Reviewer

Enverga Law SchoolStatutory Construction

Midterms Reviewer

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Parts of Statutes• !itle• Enacting Clause• Pream"le

• Purview of the Statute• Separa"ility Clause• Repealing Clause• E#ectivity Clause

Parts of Statutes:

Pream"le $ prefatory statement or e%planation or a &nding of facts' reciting the• Purpose• Reason• (ccasion

for ma)ing the law to which it is pre&%ed*

+here is the Pream"le usually found in a statute,-t is usually found after the enacting clause and "efore the "ody of the law*

.o all laws have pream"les,!he legislature seldom puts a pream"le to a statute it enacts into a law*Reason: !he statement em"odying the PR( for the enactment of the law is contained in itse%planatory note*

.o Presidential .ecrees and E%ecutive (rders need pream"les, !hey generally havepream"les "ecause unli)e statutes enacted "y the legislature in which the mem"ers thereof e%pound n the purpose of the "ill its e%planatory note or in the course of deli"erations' no"etter place than in the pream"le can the reason and purpose of the decree "e stated*

Pream"les play an important role in the construction of P. and E(*Parts of Statutes:

+hat does the Constitution say a"out the !itle of a Statute,!he Constitution provides that/every "ill passed "y Congress shall em"race only one su"0ect which shall "e e%pressed in thetitle thereof*/ ence' it is mandatory and to violate such is deemed unconstitutional*.ual limitations provided "y the Constitution to the legislature regarding title of a statute2irst: !he legislature is to refrain from conglomeration 3a group or mi%ture of di#erent things4' underone statute' of heterogenous su"0ects*Second: !he title of the "ill is to "e couched in a language su5cient to notify the legislatureand the pu"lic and those concerned of the import of the single su"0ect thereof*Principal purpose of title re6uirement!o apprise the legislators of the o"0ect'nature' and scopeof the provision of the "ill and to preventthe enactment into law of matters which have not

receivedthe notice' action and study of the legislators*-t is to prohi"it duplicity in legislation*$ims of the Constitutional !itle Re6uirement1* !o prevent hodgepodge7 log8rolling legislation9* !o prevent surprise or fraud upon the legislature* !o fairly apprise the people' through pu"lication ofthe su"0ects of the legislation;* !o "e used as a guide in ascertaining legislative intentwhen the language of the act does notclearlye%press its purpose< may clarify dou"t oram"iguity*Su"0ect of repeal of statute!he repeal of a statute on a given su"0ect is properly connectedwith the su"0ect matter of a new statute on the same su"0ect< and therefore a repealing sectionin the new statute is valid notwithstanding that the title is silent on the su"0ect*ow re6uirement of title construed,8 Li"erally construed8 should not "e given a technical interpretation*8 should not "e narrowly construed to cripple or impede the power of legislation+hen title re6uirement not applica"le, !he re6uirement applies only to "ills which may

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thereafter 31=>' 1=? and 1=@? Constitution4 "e enacted into law* -t does not apply to laws inforce and e%isting at the time the 1=> Constitution too) e#ect*E#ect of -nsu5ciency of title$ statute whose title does not conform to the constitutionalre6uirement or is not related in any manner to its su"0ect is null and void*

Su"0ect matter not su5ciently e%pressed: su"0ect is void "ut the rest in force' unless the invalidprovisions are insepara"le from the others' in which case the nullity of the former vitiates thelatter*Parts of Statutes:Enacting Clause!he part of a statute written immediately after the title which states theauthority "y which the act is enacted*Enacting Clause in:Laws passed "y the Philippine Commission/Ay authority of the President of theBS' "e itenacted "y the BS Philippine CommissionEnacting Clause in Laws passed "y the:Philippine Legislature/Ay authority of the BS' "e itenacted "y the Philippine Legislature/Enacting Clause in Laws passed when:Philippine Legislature "ecame AicameralDAe it enacted "y theSenate and ouse of

Representatives of the Philippines inlegislature assem"led and "y authority of the same/Enacting Clause during the CommonwealthDAe it enacted "y the ational$ssem"ly of thePhilippines/Enacting Clause during the Commonwealth: "ecame "icameral/Ae it enacted "y theSenateand ouse of Representatives in congress assem"led 8 same1=;F81=?971=@?8present*Enacting Clause of Laws enacted "y:Aatasang Pam"ansa/Ae it enacted "y the AatasangPam"ansa in session assem"led/Enacting Clause in Presidential .ecreesow therefore' - President of thePhilippines' "ythe powers vested in me "y the Constitutiondo here"y decree as followsEnacting Clause in E%ecutive (rdersow' therefore' -' here"y orderParts of Statutes:Purview or Aody of Statute!he purview or "ody of a statute is that part which tells what thelaw is all a"out* !he "ody of a statute should em"race only one su"0ect matter*Statue is usually divided into section which contains a singleproposition*

Parts7Sections of a comple% and comprehensive piece of legislation1* a short title9* a policy section* de&nition section;* administrative section>* sections prescri"ing standards of conductF* section imposing sanctions for violations of its provisions?* transitory provisions@* separa"ility clause=* repealing clause1H* e#ectivity clausetipodasvitsre

Parts of Statutes:Separa"ility Clause$ separa"ility clause is that part of a statute which states that if anyprovision of the act is declared invalid' the remainder shall not "e a#ected there"y* -t is notcontrolling and the courts may invalidate the wholestatute where what is left' after the voidpart' is not completeand wor)a"lePresumption on statutes 3Separa"ility Clause4Statute is e#ective as a whole and would nothave passed it had it foreseen that some part of it is invalidE#ect of Separa"ility Clause!he e#ect of a separa"ility clause is to create in the place of suchpresumption the opposite one of separa"ility*Parts of Statutes:Repealing Clause+hen the legislature repeals a law' the repeal is not a legislative declaration&nding the earlier law unconstitutional* !he power to declare a law unconstitutional does not liewith the legislature' "ut with the courts*

Parts of Statutes:E#ectivity Clause!he e#ectivity clause is the provision when the law ta)es e#ect*

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8 1> days from pu"lication in the (5cial GaIette or in a newspaper of general circulation*$ppropriations and Revenue Aills8 undergo same procedure of enactment of ordinary "ills8 can only originate from the Lower ouse8 although the Senate may propose or concur with amendments

Audget Process:2our ma0or phases1* Audget Preparation9* Audget $uthoriIation* Audget E%ecution;* Audget $ccounta"ilityJ$fter approval of the /proposed "udget/ "y the .epartment of Audget and Management' thesame is su"mitted to Congress for evaluation and inclusion in the appropriations law*General $ppropriation Aill$ special type of legislation' whose content is limited to speci&edsums of money dedicated to speci&c purposes or a separate &scal unit* -nherent in the powerof appropriation is the power to specify how the money shall "e spent*Restrictions in passage of "udget or revenue "ills3as per Constitution4 $rt F Sec* 9? 3941* congress may not increase the appropriationsrecommended "y the President for the operation of the Government as speci&ed in the "udget*

9* Each provision must relate speci&cally to particular appropriation* /inappropriate provisions/* Congress must strictly follow the procedure in approving appropriations for the otherdepartments and agenciesRestrictions in passage of "udget or revenue "ills 3as per Constitution4 $rt F Sec* 9? 394continuation;* $ special appropriations "ill shall specify the purpose and supported "y fundsactually availa"le as certi&ed "y the ational !reasurer' or to "e raised "y a correspondingrevenue>* no transfer of appropriationsF* .iscretionary funds re6uirements: funds dis"ursed only for pu"lic purposes supported "yappropriate vouchersRestrictions in passage of "udget or revenue "ills 3as per Constitution4 $rt F Sec* 9? 394continuation?* $utomatic re8enactment of "udget@* PresidentKs eto Power8 !he President may veto any particular item7s in anappropriationrevenue' or tari# "ill*=* no pu"lic funds to "e spent e%cept "y law1H* no pu"lic money or property for religious purposes11* Money for special purpose 8 special fund and paid out for such purpose only19* ighest "udgetary priority to educationpower of the purse8 the spending power8 "elongs to the Congress' su"0ect only to the veto power of the Presidentinappropriate provisions8 $ny provision which is intended to amend another law8 includes unconstitutional provisions and provisions which are intended to amend or repealother laws' also provisions which restrict the &scal autonomy of the udiciary' the CSC'Comelec' Commission on $udit and (5ce of the (m"udsman2iscal $utonomy2iscal $utonomy contemplates a guarantee of full Ne%i"ility to allocate and

utiliIe their resources with the wisdom and dispatch that their needs re6uire*8means freedom from outside controlE%ception on /no transfer of appropriations/!he following may augment any item in thegeneral appropriations law for their respective o5ces from savings in other items of theirrespective appropriations:1* President9* Senate President* Spea)er of the ouse of Representatives;* Chief ustice of the Supreme Court>* heads of Constitutional Commissionitem in a "ill8 refers to the particulars' the details' the distinct and several parts of the "ill8 an indivisi"le sum dedicated to a stated purposeitem in an appropriation "ill8 an item which in itself is a speci&c appropriation of money' not

some general provision of law' which happens to "e put into an appropriation "illRules and records of legislative proceedingsConstitution $rticle F

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8 Section 1F 38 rules of proceedings4' 3;8 0ournal4'8 Section 9F 39 8 last reading48 Section 9? 318 President4 ournal$rticle F Section 1F 3;4

Each ouse shall )eep a 0ournal of its proceedings' and from time to time pu"lish the same'e%cepting parts as may' inits 0udgement' a#ect national security< and the yeas and nays on any6uestion shall' at the re6uest of one8&fth of the mem"ers present' "e entered in the ournal*Each ouse shall also )eep a Record of its proceedingsBnimpeacha"ility of Legislative ournals8 !he 0ournal is regarded as conclusive with respect tomatters that are re6uired "y the Constitution to "e recorded therein*8 .isputa"le with respect to all other matters8 Ay reason of pu"lic policy' authenticity of laws should restupon pu"lic memorials of the mostpermanent character8 Should "e pu"lic-n case of conNict "etween the enrolled "ill and the legislative 0ournals' what should prevail, !he enrolled "ill should prevail' e%cept as to matters that the Constitution re6uires to "eentered in the 0ournals*

Entries in the Legislative ournals according to the Constitution1* yeas and nays on the &nalreading of a "ill or9* on any 6uestion at the re6uest of at least one8&fth of the mem"ers of the ouse* o"0ections of the President to a vetoed "ill or item;* names of the mem"ers voting for or against overriding the PresidentKs vetoEnrolled AillAills passed "y congress authenticated "y the Spea)er and the Senate Presidentand approved "y the President8 deemed importing a"solute verity and is "inding on the courtsEnrolled "ill doctrine!he signing of a "ill "y the Spea)er of the ouse and the Senate Presidentand the certi&cation of the Secretaries of "oth houses of Congress that the "ill was passed areconclusive of its due enactment*Courts regarding enrolled "ills Courts cannot go "ehind the enrolled act to discover what reallyhappened* -f there has "een any mista)e in the printing of the "ill "efore it was certi&ed "y theo5cer of the assem"ly and approved "y the chief e%ecutive' the remedy is "y amendment "yenacting a curative legislation' not "y 0udicial decree*+ithdrawal of authencity!he Spea)er and the President of the Senate may withdraw theirrespective signatures from the signed "ill where there is serious and su"stantial discrepancy"etween the te%t of the "ill as deli"erated in the legislature and shown "y the 0ournal and thatof the enrolled "ill*Presidential issuances Presidential issuances are those which the President issues in thee%ercise of his ordinance power*8 have force and e#ect of lawsPresidential issuances include:1* E%ecutive (rders9* $dministrative (rders* Proclamations

;* Memorandum (rders>* Memorandum CircularsF* General or Special orders+hat are E%ecutive (rders,E%ecutive (rders are acts of the President providing for rules of ageneral or permanent character in the implementation or e%ecution of constitutional orstatutory powers* E( 8 e%ecution+hat are $dministrative (rders,8acts which relate to particular aspects of governmentaloperations in pursuance of his duties as administrative head*+hat are Proclamations, 8 acts &%ing a date or declaring a statute or condition of pu"licmoment or interest' upon the e%istence of which the operation of a speci&c law or regulation ismade to depend*+hat are Memorandum (rders,8 acts on matters of administrative detail or of su"ordinate ortemporary interest which only concern a particular o5ce or o5ce of the Government

+hat are Memorandum Circulars, $cts on matters relating to internal administration which thePresident desires to "ring to the attention of all or some of the departments' agencies' "ureaus

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or o5ces of the Government for information or compliance*Enrolled "ill doctrine!he signing of a "ill "y the Spea)er of the ouse and the Senate Presidentand the certi&cation of the Secretaries of "oth houses of Congress that the "ill was passed areconclusive of its due enactment*

+hat are General or Speci&c (rders,$cts and commands of the President in his capacity asCommander8in8Chief of the $rmed 2orces of the PhilippinesCourts regarding enrolled "ills Courts cannot go "ehind the enrolled act to discover what reallyhappened* -f there has "een any mista)e in the printing of the "ill "efore it was certi&ed "y theo5cer of the assem"ly and approved "y the chief e%ecutive' the remedy is "y amendment "yenacting a curative legislation' not "y 0udicial decree*+ithdrawal of authencity!he Spea)er and the President of the Senate may withdraw theirrespective signatures from the signed "ill where there is serious and su"stantial discrepancy"etween the te%t of the "ill as deli"erated in the legislature and shown "y the 0ournal and thatof the enrolled "ill*Presidential issuances Presidential issuances are those which the President issues in thee%ercise of his ordinance power*8 have force and e#ect of laws

Presidential issuances include:1* E%ecutive (rders9* $dministrative (rders* Proclamations;* Memorandum (rders>* Memorandum CircularsF* General or Special orders+hat are E%ecutive (rders,E%ecutive (rders are acts of the President providing for rules of ageneral or permanent character in the implementation or e%ecution of constitutional orstatutory powers* E( 8 e%ecution+hat are $dministrative (rders,8acts which relate to particular aspects of governmentaloperations in pursuance of his duties as administrative head*+hat are Proclamations, 8 acts &%ing a date or declaring a statute or condition of pu"licmoment or interest' upon the e%istence of which the operation of a speci&c law or regulation ismade to depend*+hat are Memorandum (rders,8 acts on matters of administrative detail or of su"ordinate ortemporary interest which only concern a particular o5ce or o5ce of the Government+hat are Memorandum Circulars, $cts on matters relating to internal administration which thePresident desires to "ring to the attention of all or some of the departments' agencies' "ureausor o5ces of the Government for information or compliance*+hat are Presidential .ecrees, Laws which are of the same category and "inding force asstatutes "ecause they were issued "y the President in the e%ercise of his legislative powerduring the period of Martial Law under the 1=? Constitution+hat are Presidential .ecrees, Laws which are of the same category and "inding force asstatutes "ecause they were issued "y the President in the e%ercise of his legislative powerduring the period of Martial Law under the 1=? Constitution

+hat are Presidential .ecrees, Laws which are of the same category and "inding force asstatutes "ecause they were issued "y the President in the e%ercise of his legislative powerduring the period of Martial Law under the 1=? Constitution$dministrative Code of 1=@?$ general law and incorporates in a uni&ed document the ma0orstructural' functional and procedural principles of governance and em"odies changes inadministrative structures and procedures designed to serve the people*+hat are Presidential .ecrees, Laws which are of the same category and "inding force asstatutes "ecause they were issued "y the President in the e%ercise of his legislative powerduring the period of Martial Law under the 1=? Constitution$dministrative Code of 1=@?$ general law and incorporates in a uni&ed document the ma0orstructural' functional and procedural principles of governance and em"odies changes inadministrative structures and procedures designed to serve the people*? Aoo)s of the CodeAoo) 1: Sovereignty and General $dministration

Aoo) 9: .istri"ution of powers of the "ranches of the governmentAoo) : (5ce of the President

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Aoo) ;: E%ecutive AranchAoo) >: Constitutional CommissionsAoo) F: ational Government AudgetingAoo) ?: $dministrative Procedure

$dministrative rules and regulationsRules and regulations issued "y administrative ore%ecutive o5cers in accordance with' and as authoriIed "y law have the force and e#ect of lawor parta)e of a statute*$dministrative rules and regulationsRules and regulations issued "y administrative ore%ecutive o5cers in accordance with' and as authoriIed "y law have the force and e#ect of lawor parta)e of a statute*Re6uirements for the validity of $dministrative rules and Regulations:1* Rules should "egermane to the o"0ects and purposes of the law9* !he regulations "e not in contradiction with' "ut conform to' standards that the lawprescri"es* !hat they "e for the sole purpose of carrying into e#ect the general provisions of the law;* Law cannot "e e%tended nor its terms and provisions restrictedRe6uisites for a valid administrative issuance1* -ts promulgation must "e authoriIed "y the

legislature9* -t must "e promulgated in accordance with the prescri"ed procedure* -t must "e within the scope of the authority given "y the legislature;* -t must "e reasona"le2undamental Rule in $dministrative Law!o "e valid' administrative rules and regulations must"e issued "y authority of a law and must not contravene the provisions of the ConstitutionSupreme Court rule8ma)ing power!he 1=@? Constitution grants the SC the power topromulgate rules concerning the protection and enforcement of constitutional rights' pleading'practice' and procedure in all courts' the admission to the practice of law' the -ntegrated Aar'and legal assistance to the underprivileged*Rules of SC shall provide1* $ simpli&ed and ine%pensive procedure for the speedy dispositionof cases9* Shall "e uniform for all courts of the same grade* $nd shall not diminish' increase' or modify su"stantive rightsLegislative power of local Government unitsRefers to the power of local legislative "odies toenact ordinances' consisting of:1* Aarangay ordinance9* Municipal irdinance* City ordinance;* Provincial (rdinanceRe6uisites for valid local ordinance1* Must not contravene the Constitution or any statute9* Must no "e unfair or oppressive* Must not "e partial or discriminatory;* Must not prohi"it "ut may regulate trade>* Must "e general and consistent with pu"lic policy

F* Must not "e unreasona"leAarangay (rdinance8 su"0ect to review "y the sangguniang "ayan or sangguniang panlungsodto determine whether it is consistent with law or with municipal or city ordinance8 SP or SA shall ta)e action within H days from su"mission8 if it does not ta)e action within said period: approved if consistent8 if inconsistent: will "e returned to the SA concerned in which e#ectivity is suspendedMunicipal (rdinance8 Lodged in Sangguniang "ayan8 Ma0ority of the 6uorum voting' ordinance is passed8 ordinance sent to Mayor within 1H days for approval or veto< if not acted upon' ordinance ispresumed approved< if vetoed' can "e overriden "y 97 of all mem"ers8approved ordinance is passed to Sangguniang panlalawigan for review O within H days may invalidate in whole or in part and its action is &nal< if thereKs inactionwithin H days' it is deemed valid

City (rdinance8 ested in Sangguniang panglungsod8 Ma0ority of the 6uorum voting' ordinance is passed

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8 Su"mitted to Mayor within 1H days O approve O veto override "y 97 of all mem"ers8 approved O inaction8 deemed approved

8 if city or component city: su"mit to Sangguniang panlalawigan for review which shall ta)eaction within H days' otherwise' it will "e deemed validProvincial (rdinance8 Sangguniang panlalawigan: ma0ority of 6uorum voting' passage of ordinance8 2orwarded to the Governor who within 1> days from shall O approve O veto: 97 of all mem"ers:approved O inaction: deemed approved

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E* alidity of StatutePresumption of Constitutionality 8 Every statute is presumed valid O lies on how a law is enacted O due respect to the legislative who passed and e%ecutive who approved

O responsi"ility of upholding the constitution rests not on the courts alone "ut on thelegislative and e%ecutive "ranches as well

!o declare a law unconstitutional*** !here must "e a clear and une6uivocal "reach of theConstitution' not a dou"tful and argumentative implication*$ll reasona"le dou"ts should "e resolved in favor of the constitutionality of law* !o dou"t is tosustain*

2inal authority to declare a law unconstitutional*** 8Supreme Court en "anc 3theconcurrence of a ma0ority of the Mem"ers who actually too) part in the deli"erations on theissues in the case and voted thereon*onetheless' trial courts have 0urisdiction to initially decide the issue of constitutionality of alaw in appropriate cases*

Re6uisites for e%ercise of 0udicial power 1* !he e%istence of an appropriate case9* $n interest personal and su"stantial "y the party raising the constitutional 6uestion* the plea that the function "e e%ercised at the earliest opportunity;* the necessity that the constitutional 6uestion "e passed upon in order to decide the case

$ppropriate Case 8 must "e a "ona &de case 3one in which raises a 0usticia"le controversy8 udicial power is limited only to real' actual' earnest' and vital controversy

+hen is a controversy 0usticia"le, $ controversy is 0usticia"le when it refers to matter which isappropriate for court review< pertains to issues which are inherently suscepti"le of "eingdecided on grounds recogniIed "y law

+hy the Court hesitates to rule on political 6uestions, !he reason is that political 6uestionsare concerned with issues dependent upon the wisdom not the legality of a particular act ormeasure "eing assailed* Aeing a function of the separation of powers' the courts will notnormally interfere with the wor)ings of another co8e6ual "ranch unless the case shows a clearneed for the courts to step in to uphold the law and the Constitution*

Standing to sue:Locus standi 8Legal Standing8 a personal and su"stantial interest in the case such that the party has sustained or willsustain direct in0ury as a result of the governmental act that is "eing challenged*

-nterest $ material interest' an interest in issue a#ected "y the decree' as distinguished

from mere interest in the 6uestion involved' or a mere incidental interest*

+hen does a citiIen ac6uires standing, $ citiIen ac6uires standing only if he can esta"lishthat he has su#ered some actual or threatened in0ury as a result of the allegedly illegal conductof government< the in0ury is fairly tracea"le to the challenged action< and the in0ury is li)ely to"e redressed "y a favora"le action*

+hen does a ta%payer deemed to have a standing,$ ta%payer is deemed to have the standing to raise a constitutional issue when it is

esta"lished that pu"lic funds have "een dis"ursed in alleged contravention of the law or theConstitution*

Rule on who can 6uestion the constitutionality of a law

$ person who 6uestions the validity of a statute must show that he has sustained' or isin immediate danger of sustaining' some direct in0ury as a result of its enforcement* e must

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have a personal and su"stantial interest in the case such that the enforcement of the law hascaused him or will cause him direct in0ury*

Concrete -n0ury

Concrete in0ury whether actual or threatened' is the indispensa"le element of a disputewhich serves in part to cats it it in a form traditionally capa"le of 0udicial resolution* +ithoutsuch direct in0ury' the petition challenging the validity of a law states no cause of action andshould "e dismissed*

!a%payerKs suit Aased on the theory that the e%penditure of pu"lic funds "y an o5cer of the state for the purpose of administering an unconstitutional act constitutes a misapplicationof such funds*$ ta%payerKs suit will not "e entertained where the statute "eing challenged does not involvethe e%penditure of pu"lic funds

-t has "een held that a mem"er of the Senate or of the ouse of Representative has the legalstanding to 6uestion the validity of a presidential veto or a condition imposed on an item in an

appropriations "ill* +hen the veto is claimed to have "een made without or in e%cess of theauthority vested in the President "y the Constitution' the issue of an impermissi"le intrusion of the E%ecutive into the domain of the Legislature arises*

!he SC may' in its discretion' ta)e cogniIance of a suit which does not satisfy the re6uirementof legal standing* !hus' when the issues raised are of paramount importance to the pu"lic' theCourt may "rush aside technicalities of procedure' as when the petition has advancedconstitutional issues which deserve the attention of the Court in view of their seriousness'novelty and weight as precedents E%ample: Calling "y the President for the deployment of thePhilippine Marines to 0oin the PP in visi"ility patrols around the metro*

!aada v $ngara +hen an act of the Legislative department is seriously alleged to haveinfringed the Constitution' settling the controversy "ecomes the duty of the Court*

!atad v Secretary of .epartment of Energy !he courts' as guardians of the Constitution'have the inherent authority to determine whether a statute enacted "y the legislaturetranscends the limit imposed "y the fundamental law* +here the statute violates theConstitution' it is not only the right "ut the duty of the 0udiciary to declare such actunconstitutional and void*

+hen to raise Constitutionality Q %%% at the earliest possi"le opportunity 8 i*e* in thepleadingQ it may "e raised in a motion for reconsideration 7 new trial inthe lower court< orQ in criminal cases 8 at any stage of the proceedings or onappealQ in civil cases' where it appears clearly that a determination ofthe 6uestion is necessary to a

decision' and in cases where itinvolves the 0urisdiction of the court "elow

ecessity of deciding constitutionality Q where the constitutional 6uestion is of paramountpu"licinterest and time is of the essence in the resolution of such6uestion' adherence to thestrict procedural standard may "erela%ed and the court' in its discretion' may s6uarelydecidethe caseQ where the 6uestion of validity' though apparently has"ecome moot' has "ecome of paramount interest and there isundenia"le necessity for a ruling' strong reasons of pu"licpolicymay demand that its constitutionality "e resolved

Limitations of the CourtsK Power of udicial Review 3$ngara v Electoral Commission4 1* anactual case or controversy calling for the e%ercise of 0udicial power9* the person challenging the act must have /standing/ to challenge< he must have a personal

and su"stantial interest in the case such that he has sustained' or will sustain' direct in0ury as aresult of its enforcement<

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* the 6uestion of constitutionality must "e raised at the earliest possi"le opportunity;* the issue of constitutionality must "e the very lis mota of the case

Locus Standing Legal Standing

Personal and su"stantial interest in the case such that the party sustained or will sustain directin0ury as a result of the governmental act that is "eing challenged*

Rule on real8party8in8interest – Concept of civil procedure – +hether the person is the party who would "e "ene&ted or in0ured "y the 0udgement' or

the party entitled to the avails of the suit

Rule on Standing – is a special concern in constitutional law "ecause in some cases' suits are "rought not

"y parties who have "een personally in0ured "y the operation of a law or "y o5cialaction ta)en' "ut "y concerned citiIens' ta%payers or voters who actually sue in thepu"lic interest

– 6uestion is whether such parties have alleged such a personal sta)e in the outcome of the controversy as to assure that concrete adverseness which sharpens thepresentation of issues upon which the court so largely depends for illumination of di5cult constitutional 6uestions*

J +hen the real party in interest is una"le to vindicate his rights "y see)ing the sameremedies' who for ethical reasons' cannot himself invo)e the 0urisdiction of this Court' thecourts will grant petitionerKs standing*

+ho are given standing "y the Court,

citiIen • -nterest must "e direct and personal*•

Must "e a"le to show' not only that the law or any government act is invalid'"ut also that he sustained or is in imminent danger of sustaining some directin0ury as a result of its enforcement' and not merely that he su#ers there"y insome inde&nite way*

• as "een or is a"out to "e denied some right or privilege to which he islawfully entitled or that he is a"out to "e su"0ected to some "urdens orpenalties "y reason of the statute or act complained of*

• +hen the proceeding involves the assertion of a pu"lic right' the mere factthat he is a citiIen satis&es the re6uirement of personal interest*

ta%payer

• $llowed to sue where there is a claim that pu"lic funds are illegally dis"ursed'or that pu"lic money is "eing deNected to any improper purpose' or thatthere is a wastage of pu"lic funds through the enforcement of an invalid or

unconstitutional law*• Must prove that he has su5cient interest in preventing the illegal e%penditure

of money raised "y ta%ation and that he would sustain a direct in0ury as aresult of the enforcement of the 6uestioned statute or contract*

• ot su5cient that he has merely a general interest common to all mem"ersof the pu"lic*

legislator

• $llowed to sue to 6uestion the validity of any o5cial action which he claimsinfringes his prerogatives*

• as standing to maintain inviolate the prerogatives' powers' and privilegesvested "y the Constitution in his o5ce*

Class suits &led in "ehalf of all citiIens' persons intervening must "e su5ciently numerous to

fully protect the interests of all concerned to ena"le the court to deal properly with all theinterests involved in the suit' for a 0udgement' whether favora"le or unfavora"le' is' under the

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res judicata principle' "inding on all mem"ers of the class whether or not they were "eforethe court*

-nstructive determinants of transcendental importance 3ustice 2lorentino 2eliciano4:

1* the character of the funds or other assets involved in the case9* the presence of a clear case of disregard of a constitutional or statutory prohi"ition "y

the pu"lic respondent agency or instrumentality of the government* the lac) of any other party with a more direct and speci&c interest in raising the

6uestions "eing raised

Ripeness and Prematurity – $ case to "e considered ripe for ad0udication' it is prere6uisite that something had "y

then "een accomplished or performed "y either "ranch "efore a court may come intothe picture*

Political uestions 3!anada v Cuenco4 – connotes a 6uestion of policy – those 6uestions which under the Constitution' are to "e decided "y the people in their

sovereign capacity' or in regard to which full discretionary authority has "een delegatedto the Legislature or e%ecutive "ranch of the Government* 3Corpus uris Secundum4

– concerned with issues dependent upon the wisdom' not legality' of a particularmeasure*

!wo species of Political uestions:1* truly political 6uestions "eyond 0udicial review "ecause of the courtKs respect of the

doctrine of separation of powers9* are not truly political 6uestions courts can review "y virtue of Section 1' $rticle --- of

the Constitution

Standards in identi&cation of the two species of Political uestions 3$merican41* a te%tually demonstra"le constitutional commitment of the issue to a coordinatepolitical department

9* the lac) of 0udicially discovera"le and managea"le standards for resolving it* the impossi"ility of deciding without an initial policy determination of a )ind clearly for

non0udicial discretion*

• -n our 0urisdiction' the determination of a truly political 6uestion from the non 0usticia"le political 6uestion lies in the answer to the 6uestion of whether there areconstitutionally imposed limits on the powers or functions conferred uponpolitical bodies. -f there are' the courts are duty"ound to e%amine whether the"ranch or instrumentality of the government properly acted within such limits*

Lis Mota – means Dthe cause of the suit or action* – principle that adheres that courts will not touch the issue of constitutionality unless it is

truly unavoida"le and is the very lis mota or the most decisive or most important pointof the issue

Test of Constitutionality – what the Constitution provides in relation to what can or may "e done under the statute'

and not "y what it has "een done under it*

$ statute may "e declared unconstitutional if:• it is not within the legislative power to enact• it creates or esta"lishes methods or forms that infringe constitutional principles• its purpose or e#ect violates the Constitution or its "asic principles

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• it allows something to "e done which the fundamental law condemns or prohi"its• it attempts to validate a course of conduct the e#ect of which the Constitution

speci&cally for"ids• it is vague: it lac)s comprehensi"le standards that men of common intelligence must

necessarily guess at its meaning and di#er in its application

Change of circumstances or conditions may a#ect the validity of some statutes:Emergency laws

• to meet certain contingencies• deemed constitutional at the time of their enactment as a valid e%ercise of police power• unconstitutional: when change in circumstances and conditions ma)es the continued

enforcement violative of the Constitution

!ests of validity of ordinances of local government:• must not contravene the Constitution or any statute• must not "e unfair nor oppressive•

must not "e partial nor discriminatory• must not prohi"it "ut may regulate trade• must "e general and consistent with pu"lic policy• must "e reasona"le

E#ects of unconstitutionalityGeneral rule: $n unconstitutional act is not a law

• it confers no right• it imposes no duty• it a#ords no protection• it creates no o5ce• it is' in legal contemplation' inoperative as though it had never "een passed

!wo views on the e#ects of a declaration of the unconstitutionality of a statute:1* (rthodo% view 8 stands "y the general rule

stric)en from the statute "oo)s and considered never to have e%isted at all* not only the parties "ut all persons are "ound "y the declaration of unconstitutionality< no one may invo)e it nor may courts "e permitted to apply it insu"se6uent cases* total nullity e%pressed in $rticle ? of the Civil Code

9* Modern view 8 less stringent the court in passing upon the 6uestion of constitutionality does not annul or repealthe statute if it &nds it in conNict with the Constitution* simply refuses to recogniIe it and determines the rights of the parties 0ust as if

such statute had no e%istence* the court may give its reasons for ignoring or disregarding the law' "ut the decisiona#ects the parties only and there is no 0udgement against the statute* the court does not stri)e the statute from the "oo)s it does not repeal' supersede' revo)e' or annul the statute* the parties to the suit are concluded "y the 0udgement' "ut no one else is "ound*

-nvalidity due to change of conditionsGeneral rule: E#ects of unconstitutionality of a statute is not applica"le to a statute that isdeclared invalid "ecause of the change of circumstances a#ecting its validity*

Partial invalidity:General Rule: +here part of a statute is void as repugnant to the Constitution' while another

part is valid' the valid portion' if separa"le from the invalid' may stand and "e enforced*E%ception: +hen the parts of a statute are so mutually dependent and connected' as

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connected' as conditions' considerations' inducements' or compensations for each other' as towarrant a "elief that the legislature intended them as a whole' the nullity of on part will vitiatethe rest*

!atad v Secretary of Secretary of the .epartment of Energy – -llustrates the e%ception to the general rule on the e#ects of partial invalidity* -n this

case' the Court declared three provisions of R$ @1@H 3$n $ct .eregulating the.ownstream (il -ndustry and 2or (ther Purposes4 as unconstitutional* (ne of the issuesraised is whether the nullity of the three provisions a#ected the whole law' as to rendersaid law unconstitutional* !he ma0ority of the Court ruled that the nullity of theprovisions infected the whole law' its separa"ility clause notwithstanding* !he o#endingprovisions of the law is so in&rmed its essence that the entire law has to "e struc)down*

$ntonio v C(MELEC – !he Court applied the e%ception to the rule on the e#ect of partial invalidity* !he issue

raised is whether the period of appeal is still ten days and not &ve days as provided for

in Sec 99 of R$ ?1FF to the e#ect that decisions of Regional !rial Court may "e appealedto C(MELEC within &ve days from receipt of the 6uestioned decision* !he Court ruled'applying the e%ception to the rule' that the invalidity also vitiated the provision on the1Hday period to appeal "ecause Sec = does not remain complete itself' without theinvalid portion< that what was declared unconstitutional was the whole appeal itself andnot 0ust the portion providing appeal to the R!C< and that there would "e no logic inruling that a longer period to appeal to the C(MELEC should apply to election contestsfor "arangay o5cials*

LopeI v C$ – General rule on the e#ects of partial invalidity was appreciated* +hile the Court

declared Section 9? of R$ F??H and all other provisions implementing the law as

unconstitutional in 2a"ian v .esierto' the said provisions are void only insofar as theyprovide that administrative appeals from the o5ce of the (m"udsman shall "e ta)en tothe SC* !he provisions of Sec 9? of R$ F??H and the Rules of Procedure of the (5ce of the (m"udsman with respect to the &nality and e%ecution of decisions are not a#ected"y the ruling in 2a"ian v .esierto' and therefore will still stand* +henever a statutecontains uno"0ectiona"le provision separa"le from those found to "e unconstitutional' itis the duty of the court to declare and to maintain the act insofar as it is valid*

2* E#ect and (peration

+hen laws ta)e e#ect: – $rticle 9 of the Civil Code: laws shall ta)e e#ect after &fteen days following the

completion of their pu"lication in the (5cial GaIette' unless it is otherwise provided* –

Sec 1@' Chapter >' Aoo) - of the 1=@? $dministrative Code: Law shall ta)e e#ect after 1>days following the completion of their pu"lication in the (5cial GaIette or in anewspaper of general circulation' unless it is otherwise provided*

!aada v !uvera – !he case' a"andoned the rulings in previous cases' in which it was held that laws ta)e

e#ect on the date therein speci&ed' such as upon approval or immediately' withoutneed of pu"lication in the (5cial GaIette as a condition for their pu"lication is silent asto when it shall ta)e e#ect that pu"lication is re6uired for its e#ectivity* !he ruling in thiscase rests on the general principle that "efore the pu"lic is "ound "y the provisions of the law' they must "e pu"lished and the people o5cially and especially informedthereof' which is a re6uirement of due process of law that cannot "e dispensed with "ythe legislature*

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Philippine eterans Aan) Employees Bnion v ega – !he phrase Dunless it is otherwise provided provides an e%ception as to the date of

e#ectivity of a statute' in that the Congress may provide in the law that it shall ta)ee#ect immediately upon its approval' which is in conNict with the !aada v !uvera case*

+hen Presidential issuances' rules and regulations ta)e e#ect – Re6uirement of pu"lication applies e%cept if it is merely interpretative or internal in

nature not concerning the pu"lic: – REB-RES PBAL-C$!-(: those whose purpose is to enforce or implement

e%isting law pursuant to a valid delegation or to &ll in the details of a statute – .(ES (! REB-RE: those which are merely interpretative in nature or internal

Re6uirements of &ling 31=@? $dministrative Code4• every agency shall &le with the BP Law Center certi&ed copies of every rule

adopted "y it*• Rules in force on the date of the e#ectivity of this Code which are not &led within

months from that date shall not thereafter "e the "asis of any sanction againstany party or persons*

• -n addition to other rule ma)ing re6uirements provided "y law not inconsistentwith this Aoo)' each rule shall "ecome e#ective 1> days from the date of &ling asa"ove provided unless a di#erent date is &%ed "y law' or speci&ed in the rule incases of imminent danger to pu"lic health' safety' and welfare' the e%istence of which must "e e%press in a statement accompanying the rule*

+hen local ordinances ta)e e#ect – Bnless otherwise stated' the same shall ta)e e#ect 1H days from the date a copy is

posted in a "ulletin "oard at the entrance of the provincial capitol or city' municipality or"arangay hall' $. in at least 9 other conspicuous places in the local government unitconcerned

–

!he secretary to the Sangguinian concerned shall cause the posting not later than >days after approval< te%t will "e disseminated in English or !agalog< the secretary to theSangguinian concerned shall record such fact in a "oo) )ept for that purpose' statingthe dates of approval and posting

– Gist of ordinance with penal sanctions shall "e pu"lished in a newspaper of generalcirculation within the respective province concerned< if ( newspaper of generalcirculation in the province' P(S!-G shall "e made in all municipalities and cities of theprovince where the Sanggunian of origin is situated

– 2or highly ur"aniIed and independent component cities' main features of the ordinance'in addition to the posting re6uirement shall "e pu"lished once in a local newspaper* -nthe a"sence of local newspaper' in any newspaper of general circulation

o ighly ur"aniIed city 8 minimum population of 9HH'HHH and with latestannual income of at least >HM Php

Statutes continue in force until repealed – Permanent7 inde&nite 8 law once esta"lished continues until changed "y competent

legislative power* -t is not changed "y the change of sovereignty' e%cept that of politicalnature

– !emporary 8 in force only for a limited period' and they terminate upon e%piration of theterm stated or upon occurrence of certain events< no repealing statute is needed

!erritorial and personal e#ect of statutes – $ll people within the 0urisdiction of the Philippines

Manner of computing time –

See $rt* 1 of the Civil Code – +here a statute re6uires the doing of an act within a speci&ed num"er of days' such as

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ten days from notice' it means ten calendar days and (! ten wor)ing days – E*g* 1 year from (ct* ;' 1=;F is (ct* ;' 1=;?

– -f last day falls on a Sunday or holiday' the act can still "e done the following day – Principle of De%clude the &rst' include the last .(ES (! $PPL to the computation of

the period of prescription of a crime' in which rule' is that if the last day in the period of prescription of a felony falls on a Sunday or legal holiday' the information concerningsaid felony cannot "e &led on the ne%t wor)ing day' as the o#ense has "y then alreadyprescri"ed

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Stat Com Midterms Reviewer

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