I.

LAW
1. Law, Defined
-A rule of conduct, just and obligatory, promulgated by legitimate authority for the
common observance and benefit
2. Characteristics of Law
i.) Rule of conduct
-guidelines of what to do or not to do
ii.) Just and obligatory
-imposes a duty to obey
iii.) Promulgated by legitimate authority
-by the legislature
iv.) Common observance and benefit
-observed by all for the benefit of all
3. Sources of Laws
Constitution
Legislation, Administrative or Executive Acts
Judicial Decisions or Jurisprudence
Customs
4. Effectivity of Laws
Art. 2, Civil Code. Laws shall take effect after 15 days upon completion of their
publication in the Official Gazette, unless otherwise provided.
*EO 200 in newspaper of general circulation
5. Classification of Laws
Natural Law -divine inspiration in man, derives its force and authority from God. Binding
to the whole world
A. Physical Law -universal rule of action that governs the conduct and movement of
things i.e law of gravitation
B. Moral Law -establishes what is right and what is wrong as dictated by human
conscience
C. Divine Law -divine positive law 10 commandments; divine human positive law,
enacted by man for their general welfare

Positive Law
A. Public Law -Constitutional Law, the fundamental law of the land which defines the
powers of the government; Administrative Law, fixes organization and its functions;
International Law, regulates the community of nations
B. Private Law - Substantive, creates duties, rights; and Procedural, means & methods
in courts
STATUTES
1. Statute, Defined
-A written will of the legislature expressed according to the form necessary to constitute
it a law of the state and rendered authentic by certain prescribed forms and solemnities
2. Classes of Statute Law
A. The 1987 Constitution
Constitution, Defined
-The fundamental law or supreme law of the land promulgated by the people. A law, to
which all other laws must conform
-It is a written instrument enacted by the direct action of the people, by which the
fundamental powers of the government are established, limited and defined and by
which these powers are distributed among the several departments for their safe and
useful exercise for the benefit of the body politic.
B. Treaties and International Agreements
Treaty, Defined
-An agreement between or among states which generally governs their mutual conduct
with one another
C. Statutes enacted by the Legislature
Statute Proper, Kinds
As to nature
Penal -imposes punishment of an offense
Remedial -remedy former laws, reform or extend rights
Substantive -creates, defines, regulates the rights and duties of parties
Labor -welfare of laborers, governs employer-employee relationship
Tax -exaction of money from the state to achieve legislative or general objective
As to application
Mandatory -non-compliance renders act void or illegal

Directory -non-compliance does not invalidate act

As to performance
Permanent -continues in performance until altered or repealed
Temporary -fixed for a specified period
As to scope
General -applies to persons, entities, things as a class omitting no one
Special -particular persons, entities, things
Local -specific, within territorial limits
Retrospective -affects acts already committed before effectivity
Repealing -revokes or terminates another statute
Amendatory -addition to the original law for improvement (modifies or qualifies)
Reference -refers to other statutes and make them applicable to the subject of the new
legislation
Declaratory -establishes its meaning & correct construction
3. Statutes Proper, Parts
i.) Title -gives the general statement of the subject matter
ii.) Preamble -states the reason for, or the objects of the enactment
iii.) Enacting Clause -indicates the authority which promulgates the enactment
iv.) Body -contains the subject matter of the statute and shall embrace only one subject
v.) Provisos -acting as a restraint upon or as qualification of the generality of the
language which it follows
vi.) Interpretative Clause -legislature defines its own language or prescribes rules for its
construction
vii.) Repealing Clause -announces the legislative intent to terminate or revoke another
statute
viii.) Saving Clause -restricts a repealing act and preserves existing powers, rights and
pending proceedings from the effects of the repeal
ix.) Separability Clause -if for any reason, any section or provision is held to be
unconstitutional or invoked, the other section or provision of the law shall not be
affected thereby.
x.) Date of effectivity -when the law shall take effect (Article 2 of the Civil Code)

4. When a Bill becomes a Law, Process

* Proposal to the committee
* 1st reading (in session, read title, author, synopsis)
* Referred to appropriate committee
* 2nd reading (debate, interpolation, amendment, finalize)
* Endorse to plenary
* 3rd reading (Vote via Viva Voce or Roll-call, Yeas or Nays)
* Second Committee (Repeat steps 2-6)
Harmonization of the bill, if necessary:
* Parallel reading between house and senate
-Bicameral Conference Committee (3rd House of Congress)
* Enrolled Bill
*Signed by Senate President and Speaker of the House
* Submit to President for approval (approve/ veto/ lapse into law)