Parts of a Statute

1. Title -- The title of the statute is the heading on the preliminary part, furnishing the name by which the act is
individually known.
2. Preamble -- That part of the statute explaining the reasons for its enactment and the objects sought to be
accomplished.
3. Enacting Clause -- That part of the statute which declares its enactment and serves to identify it is an act of
legislation proceeding from the proper legislative authority.
4. Body -- The main and operative part of the statute containing its substantive and even procedural provisions.
Provisos and exemptions may also be found in the body of the statute.
5. Repealing Clause -- That part of the statute which announces the prior statutes or specific provisions which have
been abrogated by reason of the new law.
6. Saving Clause -- a restriction in a repealing act, which is intended to save rights, pending proceedings, penalties,
etc., from the annihilation which would result from an unrestricted repeal.
7. Separability Clause -- That part of the statute which provides that in the event that one or more provisions are
declared void or unconstitutional, the remaining provisions shall still be in force and effect.
8. Effectivity Clause -- That part of the Statute which announces the effective date of the law.

Kinds of Statutes
1. General Law -- is one that affects the community at large. A law that relates to a subject of a general nature, or
that affects all people of the state or all of a particular class.
2. Special Law -- is one which is different from others of the same general kind, designed for a particular purpose,
limited in range, or confined to a prescribed field of action on operation.
3. Local Laws -- are those which relates or operates over a particular locality.
4. Public Laws -- consist of constitutional, administrative, criminal and international law, concerned with the
organization of the State, the relations between the people and the state, the responsibilities of public officers to
the state, and the relations of states with one another.
5. Private Laws -- are those which defines, regulates, enforces, and administers relationships among individuals,
associations and corporations.
6. Remedial Statutes -- are those which refer to the method of enforcing rights or of obtaining redress of their
invasion. It can be made to applicable to cases pending at the time of its enactment.

7. Curative Statutes -- are those which undertake to cure errors and irregularities, thereby validating judicial or
administrative proceedings, acts of public officers, or private deeds and contracts which otherwise would not
produce their intended consequences by reason of some statutory disability or failure to comply with some
technical requirement. They operate on conditions already existing, and are necessarily retroactive in
operation. [2] Curative statutes are "healing acts x x x curing defects and adding to the means of enforcing existing
obligations x x x (and) are intended to supply defects, abridge superfluities in existing laws, and curb certain evils
x x x By their very nature, curative statutes are retroactive x x x (and) reach back to past events to correct errors
or irregularities and to render valid and effective attempted acts which would be otherwise ineffective for the
purpose the parties intended. [3]"
8. Penal Statutes -- are those which defines criminal offenses and specify corresponding fines and punishments. It
is enacted to preserve the public order, which defines an offense against the public and inflicts a penalty for its
violation.
9. Prospective Laws -- are those which applies only to acts or omissions committed after its enactment.
10. Retrospective Laws -- are those which look backwards or contemplates the past. Laws which are made to affect
acts or facts occurring, or rights occurring, before it came into force.
11. Affirmative Statutes -- are those couched in affirmative or mandatory terms. One which directs the doing of an
act, or declares what should be done.
12. Mandatory Statutes -- are those which require, and not merely permit, a course of action.

The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas) is the constitution or supreme law of the
Republic of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986 and was
ratified by a nationwide plebiscite on February 2, 1987.
Three other previous constitutions have effectively governed the country in the past: the 1935 Commonwealth
Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. The earliest constitution establishing a "Philippine
Republic," the 1899 Malolos Constitution, was never fully implemented throughout the Philippines and did not establish a
state that was internationally recognized, due in great part to the impending American occupation during its adoption.
A Statute is an act of the legislature, adopted pursuant to its constitutional authority, by prescribed means and in certain
form such that it becomes the law governing conduct within its scope. Statutes are enacted to prescribe conduct, define
crimes, create inferior governmental bodies, appropriate public funds, and in general promote the public good and
welfare.

A treaty is an agreement under international law entered into by actors in international law, namely sovereign states and
international organizations. A treaty may also be known as an (international) agreement, protocol, covenant, convention,
pact, or exchange of letters, among other terms.
Judicial decisions create legal precedents that guide judges in deciding similar future cases. The decisions of the
highest court in a jurisdiction create mandatory precedent that must be followed by lower courts in that jurisdiction
Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal
system of the Philippines. (n)
Repeals of statute
1. If a law which expressly repeals a prior law is itself repealed, the law first repealed shall not be revived, unless there is
an express provision. (Sec. 14, Rev. Adm. Code)
2. If a law which impliedly repeals a prior law is itself repealed, the law first repealed shall be revived, unless there is an
express provision. (U.S. vs. Soliman, 36 Phil. 5)

INTERNATIONAL LAW; INCORPORATION CLAUSE

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice,
freedom, cooperation, and amity with all nations.

LOCAL LEGISLATIVE POWERS: ORDINANCES

1. What is local legislation?
Local legislation can be understood in two ways: as power and as a process.
Local Legislation as power - Local legislation refers to the power of a local legislative body to make rules in the form of
ordinances and resolutions of local application that have the force and effect of law.
Local Legislation as a process - Local legislation is the interaction of the local legislative body with the executive branch,
civil society including constituents, nongovernmental organizations and the private sector resulting in ordinances and
resolutions that promote the development of a local government unit (LGU). The products or outputs of this interaction are
ordinances and resolutions.
2. Why is local legislation important?
Local legislation is important because it is a powerful, vital tool for:
addressing the problems of the citizens of the LGU
promoting the general welfare and development of the LGU and its citizens
attaining the vision of the LGU for its citizens
3. Who makes local legislation?
Local legislation is a participatory process. It acquires legitimacy and social acceptability though the involvement of
stakeholders in the LGU. In this context, stakeholders are groups, organizations and individuals who have a stake in or

whose interests will be affected by the process of making laws or policies. Local legislation is made by key stakeholders in
the LGU:
the sanggunian or local legislative body
the local chief executive, including local government executives
the constituents
the civil society organizations, nongovernmental organizations, and peoples organizations
the private sector and other interest groups
Legislative authority at the local level is vested in the sanggunian or the local legislative body. The sanggunian is a
collegial body, composed of a group of individuals elected to represent the peoples interests. It has the power to enact
ordinances, approve resolutions, and appropriate funds for the welfare of the LGU and its inhabitants.
The 1991 Local GovernmentGovernment Code vests legislative power to the sanggunian at different levels of local
government:
Sangguniang Panlawigan for provinces
Sangguniang Bayan for municipalities
Sangguniang Panlungsod for cities
Sangguniang Barangay for barangays
In the autonomous regions of the country, legislation is made by the regional legislative assemblies, e.g. Regional
Legislative Assembly of the Autonomous Region in Muslim Mindanao.
4. What is effective local legislation?
Effective local legislation is a collective and participatory process. It refers to the interaction of the sanggunian or local
legislative body with the executive branch and civil society resulting in legislative actions that promote the
development objectives of the LGU.
Civil society includes the private sector, nongovernmental organizations (NGOs), peoples organizations (POs), civil
society organizations (CSOs), and constituents. The participation of these individuals and groups is essential to ensure
the legitimacy and social acceptability of ordinances and resolutions enacted.
To be effective, local legislation requires three elements:
A. Institutional efficiency
The sanggunian is a public institution. Like any other organization, it must have efficient structures and systems. It must
have people who can do their jobs well because they know their roles and functions. An efficient legislative organization
must have the following:
organizational structure
rules of procedure
legislative leadership
legislative committees
legislative support system, and
mechanism for legislative-executive coordination
The presence of adequate and functioning structures and systems make the legislation process or cycle efficient and
open to participation from stakeholders outside the legislative organization. For instance, ordinances cannot be enacted
without rules of procedure; or thesubstance of draft ordinances cannot be enhanced by NGOs without sanggunian
committees to get their views and perspectives.
As an institution tasked to carry out a public mandate, the sanggunian must have a clear understanding of the vision and
mission of the LGU unit to which it belongs. As well, its work must be guided by a clear process that defines the role of
different stakeholders in each stage or phase.
B. Local legislation cycle or process
Legislative Agenda Formulation
Crafting of Ordinances and Resolutions
Enactment of Ordinances and Codes of Ordinances
Evaluation of the Implementation of Ordinances
At each phase, various stakeholders in the LGU interact with the sanggunian to ensure that measures produced address
the development objectives of the LGU.
C. Development
Development is a goal and an end of local legislation. Development is the sustained capacity to achieve a better life. For a
nation or community, having a better life means that citizens have a higher life expectancy and enjoy a higher quality of
life regardless of age, sex, gender, religion or ethnicity. Quality of life involves: a) the capacity to do, and b) the capacity to

be. Underlying these capacities is the freedom of choice. Hence, development is also about expanding the range of
choices of people.
Local legislation is considered an effective tool for good governance and results in ordinances and resolutions that enable
citizens to achieve a better life or development. Local legislation is effective if it contributes to the attainment of the
communitys shared vision and results in poverty reduction, gender equality, environmental protection, peace and unity,
accountability and transparency of local officials, and active participation of citizens in social, economic and political
transformation.
5. What is a legislator?
A local legislator or sanggunian member is generally understood to be:
a lawmaker or a person who makes laws, and
a member of a local legislative body with the power to make laws.
However, the local legislator is more than a lawmaker. He or she wears many hats or in other words is expected to
perform a variety of roles in the community as a leader, overseer, facilitator and institution builder, among others.
6. What does it really mean to make laws?
The power to make laws or legislative power means three things: political power, police power and taxing power.
Political power is the power to enact laws providing for the establishment, organization and operation of the local
government.
Police power is the essence of what government does; it is the power to enact laws to promote peace, health,
safety and welfare.
Taxing power is the duty to levy and collect taxes to raise revenue to pay for government operations, including
salaries of local government officials and personnel.
7. What are Internal Rules of Procedure?
Order is essential to the successful conduct of business of deliberative bodies. For the sanggunian, order can be achieved
by implementing a set of rules agreed upon by all members, known as the Internal Rules of Procedure. These rules allow
for the orderly conduct of deliberations as well as formulation and approval of decisions. These rules enable sanggunian
members to articulate their thoughts, reconcile conflicts and differences, determine the will of the majority, and take action.
Internal Rules of Procedures (IRP)
A document containing a set of procedural rules that governs the orderly transaction of business and defining the
duties and responsibilities of the officers during the conduct of meetings.
Must be adopted by the sanggunian in the first regular session following the election of the members of the
sanggunian and within 90 days thereafter.
There are five principles to consider in the implementation of the IRP. These are:
1. courtesy and justice to all
2. consider one topic at a time
3. the majority rules
4. the minority has a right to be heard
5. fairness to all and partiality to no one
An important element of the IRP is parliamentary procedure or the manner of conducting business in a deliberative body.
It ensures orderly discussion and decision-making in the sanggunian through the use of motion. A motion refers to a
proposal of a member of the sanggunian for consideration of the body. To understand the types of motions and how to use
them, the sanggunian may use as reference Reverendo Dihans Handbook on Local Legislation (1998).
8. What is a Legislative Agenda?
A key indicator of effective local legislation is the capacity of local legislators to analyze the problems and concerns of the
community, aggregate these, and focus efforts to address them in the context of available resources of the community
towards local development. This is essentially what formulating a legislative agenda is about.
A legislative agenda (LA):
is a package of priority legislative measures designed to support local development priorities, particularly those
defined in the executive-legislative agenda (ELA).
serves as the road map to guide the sanggunian in identifying, analyzing and formulating solutions to problems
and issues requiring public policy action.
is a list of prioritized ordinances and resolutions for enactment during a specified period, usually three years,
contributing to the attainment of the LGU vision and mission.
The LA is a tool for fulfilling the sanggunian members mandate as elected representatives of the people and is useful for:
organizing and prioritizing the work of the sanggunian
ensuring convergence of the LA and ELA
setting clear performance targets of the sanggunian

 educating the people on the work of the sanggunian

assessing the performance of the sanggunian
9. What is the difference between an ordinance and a resolution?
An ordinance is a local law that prescribes rules of conduct of a general, permanent character. It continues to be in force
until repealed or superseded by a subsequent enactment of the local legislative body.
A resolution is a mere expression of the opinion or sentiment of the local legislative body on matters relating to
proprietary function and to private concerns. It is temporary in character.
10. What are Committees?
To get work done in an efficient and timely manner, the sanggunian must organize itself into work groups or committees.
Legislative Committee is a group tasked by the body or assembly to consider, or investigate, or take action in
regard to, certain matters or subjects of public interest.
Standing or Permanent Committees are tasked or assigned a continuing function and usually remain standing
or existing co-terminus with the life of the body that created them. These committees are created for the purpose
of:
1. ordinance or resolution sponsorship
2. undertaking public hearings on proposed measures in aid of legislation
3. legislative review and referrals
Special or Ad-hoc Committees are created to perform an ad-hoc or specific task that does not fall within the
jurisdiction of a standing committee. They cease to exist upon completion of its assigned task.
11. What is Codification?
Codification is the process of collecting, classifying and supplementing the ordinances of a local government unit. It is a
complete and systematic process in the sense that the end product is a new enactment a code.
This code when finally adopted by the sanggunian embodies all the ordinances, past and present, and future of the local
government unit and is therefore the repository of the body of rules and regulations which lay down policies and institute
guidelines for proper enforcement of these rules.
12. What are the steps in codification?
Compilation - The gathering and collating of all existing ordinances of a province city/municipality. The files in the
secretarys and governors/mayors offices should be the best source of these ordinances. Other possible sources
of ordinances which are kept on file are in the offices of the treasurer, the fiscal, health office, and the provincial
sanggunian in the case of cities or municipalities.
Listing - A listing of ordinances follows the compilation. This listing will inform the codifier and his staff what
ordinances are (1) missing (2) amended (3) repealed or (4) obsolete. It is important that all ordinances of the
province, municipality or city should be accounted for in the process of the listing.
Classifying - Classification is the process by which the ordinances are categorized according to the subjects
treated in the ordinance. This is the first step toward grouping ordinances under the same or similar subjects for
eventual assignment to specific chapters in the code.
Revision The provision of the ordinance should be reviewed for deficiencies, languages and applicability with
the end in view of making the language of the provisions to be included in the proposed code to be as simple,
clear and accurate as possible. Revision is the re-examination of the provisions of an ordinance and to restate the
provisions in a correct and improved form. It includes the weeding out of obsolete or inactive provisions in the
existing ordinance.
Supplementation Supplementation takes place after the code has been finally drafted and enacted by the
sanggunian. Supplementation of the code is made through ordinances of the sanggunian intended to supply a
deficiency in an existing provision, or add, amend or modify such provision.
13. Why do we need to codify?
There are many compelling reasons to codify, some of which are:
Fulfill a community obligation. It is the duty of every province, city, municipality or even barangay to maintain its
laws in a comprehensive, up-to-date and understandable form in a location that the average citizen can find and
use.
Avoid confusion and ensure accurate interpretation.By compiling our basic ordinances and all amendments
into one up-to-date document, we eliminate the need to refer to many separate documents. The most current
information will be easily accessible.
Eliminate hours of frustrating research. A Code is a single reliable resource for our elected and appointed
officials, enabling them to respond accurately to questions and provide certified copies quickly and efficiently.
Support enforcement. A Code is a practical and efficient tool for our courts, police authorities and other
enforcement officials, enabling them to enforce our laws with confidence and consistency.

Plan for the future. A Code provides a clear view of existing situations and makes it easier to determine the
impact of proposed changes and amendments.
14. What are some examples of a codification?
The first civilization to codify its laws was ancient Babylon. The first real set of codified laws, the Code of Hammurabi, was
compiled circa 1760 BC by the Babylonian king Hammurabi, and is the earliest known civil code.
Besides religious laws such as the Torah, important codifications were developed in the ancient Roman Empire, with the
compilations of the Lex Duodecim Tabularum and much later the Corpus Iuris Civilis. These codified laws were the
exceptions rather than the rule, however, as during much of the ancient Roman laws were left mostly uncodified.
The first permanent system of codified laws could be found in China, with the compilation of the Tang Code in CE 624.
This formed the basis of the Chinese criminal code, which was then replaced by the Great Qing Legal Code, which was in
turn abolished in 1912 following the Xinhai Revolution and the establishment of the Republic of China. The new laws of
the Republic of China were inspired by the German codified work, the Brgerliches Gesetzbuch.[1] A very influential
example in Europe was the French Napoleonic code of 1804.
Another early system of laws is Hindu law framed by Manu and called as Manu Smriti. The use of civil codes in Islamic
Sharia law began with the Ottoman Empire.1
In our modern times, almost all existing governments have their own codifications or set of laws codified such as: Civil
Code, Labor Code, Administrative Code, Revenue, Environmental Code, etc.
CONSTRUCTION AND INTERPRETATION, DISTINGUISHED
Construction
is the drawing of conclusions with respect to subjects thatare beyond the direct expression of the text, while
interpretation
is theprocess of discovering the true meaning of the language used.Interpretation is limited to exploring the written
text. Construction onthe other hand is the drawing of conclusions, respecting subjects that liebeyond the direct
expressions of the text.
SITUS OF CONSTRUCTION AND INTERPRETATION
In our system of government:
Legislative power is vested in the Congress of the Philippines theSenate and the House of the Representatives
Executive power is vested in the President of the Republic of thePhilippines (Art. VII, Sec.1, Phil. Const.)
Judicial power is vested in one Supreme Court and in such lowercourts as may be established by law. (Art VIII, Sec. 1,
Phil. Const.)Legislative makes the lawExecutive - executes the law Judicial interprets the
lawSimply stated, the situs of construction and interpretation of writtenlaws belong to the judicial
department.It is the duty of the Courts of Justice to settle actual controversiesinvolving rights which are legally
demandable and enforceable, and todetermine whether or not there has been a grave abuse of discretionamounting to
lack or excess of jurisdiction on the part of any branch orinstrumentality of the government.Supreme Court is the one and
only Constitutional Court and all otherlower courts are statutory courts and such lower courts have the powerto construe
and interpret written laws.
DUTY OF THE COURTS TO CONSTRUE AND INTERPRETTHE LAW; REQUISITES
1.There must be an actual case or controversy,2.There is ambiguity in the law involved in the controversy.Ambiguity exists
if reasonable persons can find different meanings in astatute, document,
etc.A statute is ambiguous if it is admissible of two or more possiblemeanings.If the law is clear and unequivocal, the
Court has no other alternativebut to apply the law and not to interpret.
Construction and interpretation of law come only after it has beendemonstrated that application is impossible or
inadequate without them.
DIFFERENT KINDS OF CONSTRUCTION ANDINTERPRETATION
Hermeneutics
the science or art of construction and interpretation.
Legal hermeneutics
is the systematic body of rules which arerecognized as applicable to the construction and interpretation of
legal writings.Dr. Lieber in his work on Hermeneutics gives the following
classificationof the different kinds of interpretation
1.
Close interpretation adopted if just reasons connected with thecharacter and formation of the text induce as to take the
words in thenarrowest meaning. This is generally known as
literal
interpretation.2.Extensive interpretation also called as liberal interpretation, itadopts a more comprehensive signification
of the words.3.Extravagant interpretation substitutes a meaning evidently beyondthe true one. It is therefore not genuine

interpretation.4.Free or unrestricted interpretation proceeds simply on he generalprinciples of interpretation in good faith,

not bound by any specific orsuperior principle.5.Limited or restricted interpretation - influenced by other principlesthan the
strictly hermeneutic ones.6.Predestined interpretation takes place when the interpreter,
laboringunder a strong bias of mind, makes the text subservient to hispreconceived views and desires.
SUBJECTS OF CONSTRUCTION AND INTERPRETATION
Most common subjects of construction and interpretation are theconstitution and statutes which include ordinances. But
we may alsoadd resolutions, executive orders and department circulars.
Preliminary Procedures
The procedures for introducing legislation and seeing it through committees are similar in both the House of
Representatives and the Senate.
Legislative proposals originate in a number of different ways. Members of the Senate, of course, develop ideas for
legislation. Technical assistance in research and drafting legislative language is available at the Senate Legislative
Technical Affairs Bureau. Special interest groupsbusiness, religious, labor, urban and rural poor, consumers, trade
association, and the likeare other fertile sources of legislation. Constituents, either as individuals or groups, also may
propose legislation. Frequently, a member of the Senate will introduce such a bill by request, whether or not he supports
its purposes.
It must be noted also that much of the needed legislation of the country today considered by Congress originates from the
executive branch. Each year after the President of the Philippines outlines his legislative program in his State-of-theNation Address, executive departments and agencies transmit to the House and the Senate drafts of proposed
legislations to carry out the Presidents program.
Introduction of Bills
No matter where a legislative proposal originates, it can be introduced only by a member of Congress. In the Senate, a
member may introduce any of several types of bills and resolutions by filing it with the Office of the Secretary.
There is no limit to the number of bills a member may introduce. House and Senate bills may have joint sponsorship and
carry several members' names.
Major legislation is often introduced in both houses in the form of companion (identical) bills, the purpose of which is to
speed up the legislative process by encouraging both chambers to consider the measure simultaneously. Sponsors of
companion bills may also hope to dramatize the importance or urgency of the issue and show broad support for the
legislation.
Types of Legislation
The type of measures that Congress may consider and act upon (in addition to treaties in the Senate) include bills and
three kinds of resolutions. They are:
1. Bills
These are general measures, which if passed upon, may become laws. A bill is prefixed with S., followed by a number
assigned the measure based on the order in which it is introduced. The vast majority of legislative proposals
recommendations dealing with the economy, increasing penalties for certain crimes, regulation on commerce and trade,
etc., are drafted in the form of bills. They also include budgetary appropriation of the government and many others. When
passed by both chambers in identical form and signed by the President or repassed by Congress over a presidential veto,
they become laws.
2. Joint Resolutions
A joint resolution, like a bill, requires the approval of both houses and the signature of the President. It has the force and
effect of a law if approved. There is no real difference between a bill and a joint resolution. The latter generally is used
when dealing with a single item or issue, such as a continuing or emergency appropriations bill. Joint resolutions are also
used for proposing amendments to the Constitution.
3. Concurrent Resolutions
A concurrent resolution is usually designated in the Senate as S. Ct. Res. It is used for matters affecting the operations of
both houses and must be passed in the same form by both of them. However, they are not referred to the President for his
signature, and they do not have the force of law. Concurrent resolutions are used to fix the time of adjournment of a
Congress and to express the sense of Congress on an issue.
4. Simple Resolutions
It is usually designated with P. S. Res. A simple resolution deals with matters entirely within the prerogative of one house
of Congress, such as adopting or receiving its own rules. A simple resolution is not considered by the other chamber and
is not sent to the President for his signature. Like a concurrent resolution, it has no effect and force of a law. Simple
resolutions are used occasionally to express the opinion of a single house on a current issue. Oftentimes, it is also used to
call for a congressional action on an issue affecting national interest.

Bill Referrals
Once a measure has been introduced and given a number, it is read and referred to an appropriate committee. It must be
noted that during the reading of the bill, only the title and the author is read on the floor. The Senate President is
responsible for referring bills introduced to appropriate committees.
The jurisdictions of the Standing Committees are spelled out in Rule X, Section 13 of the Rules of the Senate. For
example, if a bill involves matters relating to agriculture, food production and agri-business, it must be referred to the
Committee on Agriculture and Food.
In Committee
The standing committees of the Senate, operating as little legislatures, determine the fate of most proposals. There are
committee hearings scheduled to discuss the bills referred. Committee members and staff frequently are experts in the
subjects under their jurisdiction, and it is at the committee stage that a bill comes under the sharpest scrutiny. If a measure
is to be substantially revised, the revision usually occurs at the committee level.
A committee may dispose of a bill in one of several ways: it may approve, or reject, the legislation with or without
amendments; rewrite the bill entirely; reject it, which essentially kills the bill; report it favorably or without recommendation,
which allows the chamber to consider the bill at all. It must be noted that under Section 29, Rule XI of the Rules of the
Senate, if the reports submitted are unfavorable, they shall be transmitted to the archives of the Senate, unless five
Senators shall, in the following session, move for their inclusion in the Calendar for Ordinary Business, in which case the
President shall so order.
Committee Reports
A committee report describes the purpose and scope of the bill, explains any committee amendments, indicates proposed
changes in existing law and such other materials that are relevant. Moreover, reports are numbered in the order in which
they are filed and printed.
Calendaring for Floor Debates: Consideration of, and Debates on Bills
Under Section 45 of Rule XVI of the Rules of the Senate, the Senate shall have three calendars, to wit:
A Calendar for Ordinary Business," in which shall be included the bills reported out by the committees in the order in
which they were received by the Office of the Secretary; the bills whose consideration has been agreed upon by the
Senate without setting the dates on which to effect it; and also the bills whose consideration has been postponed
indefinitely;
A Calendar for Special Orders, in which the bills and resolutions shall be arranged successively and chronologically,
according to the order in which they were assigned for consideration; and
A Calendar for Third Reading, in which shall be included all bills and joint resolutions approved on second reading.
Thus, a bill which has a committee report can be referred to the Calendar for Ordinary Business. It may again be moved
to its Special Order of Business for priority action.
On the other hand, the consideration and debate of bills and resolutions are spelled out in Rule XXV, Section 71 of the
Rules of the Senate. It provides as follows:
Sec. 71. The Senate shall adopt the following procedure in the consideration of bills and joint resolutions:
(a) Second reading of the bill.
(b) Sponsorship by the committee chairman, or by any member designated by the committee.
(c) If a debate ensues, turns for and against the bill shall be taken alternately: Provided, however, That any committee
member who fails to enter his objection or to make of record his dissenting vote after it shall have been included in the
Order of Business and read to the Senate in accordance with the second paragraph of Section 24 hereof, shall not be
allowed to speak against the bill during the period of general debate although he may propose and speak or vote on
amendments thereto.
(d) The sponsor of the bill or author of the motion shall have the right to close the debate.
(e) With the debate closed, the consideration of amendments, if any, shall be in order.
(f) After the period of amendments, the voting of the bill on Second Reading.
(g) Bills shall be submitted to final vote by yeas and nays after printed copies thereof in final form have been distributed to
the Members at least three (3) days prior to their passage, except when the President of the Philippines certifies to the
necessity of their immediate enactment to meet a public calamity or emergency, in which case the voting on Third
Reading may take place immediately after second reading.
After the bill is approved on Third Reading, it will be submitted to the House of Representatives for consideration. A bill
passed by the Senate and transmitted to the House usually goes to a committee, unless a House bill on the same subject
has already been reported out by the appropriate committee and placed on the calendar.

Under normal procedures, therefore, a bill passed by one chamber and transmitted to the other is referred to the
appropriate committee, from which it must follow the same route to passage as a bill originating from that chamber.
Amendments may be offered at both the committee and floor action stages, and the bill as it emerges from the second
chamber may differ significantly from the version passed by the first. A frequently used procedure when this occurs is for
the chamber that acts last to bring up the other chambers bill and substitute its own version, then retaining only the
latters bill number. That numbered bill, containing the Senate and House version, is then sent to a conference committee
to resolve all differences.
Conference Committee Action
Calling a Conference
Either chamber can request a conference once both have considered the same legislation. Generally, the chamber that
approved the legislation first will disagree to the amendments made by the second body and will make a request that a
conference be convened. Sometimes, however, the second body will ask for a conference immediately after it has passed
the legislation, assuming that the other chamber will not accept its amendments.
Selection of Conferees
Under the Rules of the Senate (Rule XII, Section 34), the Senate President shall designate the members of the Senate
panel in the conference committee with the approval of the Senate. The Senate delegation to a conference can range in
size from three to a larger number, depending on the length and complexity of the legislation involved.
Authority of Conferees
The authority given to the Senate conferees theoretically is limited to matters in disagreement between the two chambers.
They are not authorized to delete provisions or language agreed to by both the House and the Senate as to draft entirely
new provisions.
In practice, however, the conferees have wide latitude, except where the matters in disagreement are very specific.
Moreover, conferees attempt to reconcile their differences, but generally they try to grant concession only insofar as they
remain confident that the chamber they represent will accept the compromise.
The Conference Report
When the conferees have reached agreement on a bill, the conference committee staff writes a conference report
indicating changes made in the bill and explaining each sides actions.
Once a conference committee completes its works, it can now be submitted to the floor for its approval. Debate on
conference reports is highly privileged and can interrupt most other business.
Approval of the conference report by both houses, along with any amendments on disagreement, constitutes final
approval of the bill.
Final Legislative Action
After both houses have given final approval to a bill, a final copy of the bill, known as the enrolled bill, shall be printed,
and certified as correct by the Secretary of the Senate and the Secretary General of the House of Representatives. After
which, it will be signed by the Speaker of the House and the Senate President.
A bill may become a law, even without the Presidents signature, if the President does not sign a bill within 30 days from
receipt in his office. A bill may also become a law without the Presidents signature if Congress overrides a presidential
veto by two-thirds vote.
Summary
The following is a summary of how a bill becomes a law:
Filing/Calendaring for First Reading
A bill is filed in the Office of the Secretary where it is given a corresponding number and calendared for First Reading.
First Reading
Its title, bill number, and authors name are read on the floor, after which it is referred to the proper committee.
Committee Hearings/Report
Committee conducts hearings and consultation meetings. It then either approves the proposed bill without an amendment,
approves it with changes, or recommends substitution or consolidation with similar bills filed.
Calendaring for Second Reading
The Committee Report with its approved bill version is submitted to the Committee on Rules for calendaring for Second
Reading.
Second Reading
Bill author delivers sponsorship speech on the floor. Senators engage in debate, interpellation, turno en contra, and
rebuttal to highlight the pros and cons of the bill. A period of amendments incorporates necessary changes in the bill
proposed by the committee or introduced by the Senators themselves on the floor.

Voting on Second Reading

Senators vote on the second reading version of the bill. If approved, the bill is calendared for third reading.
Voting on Third Reading
Printed copies of the bills final version are distributed to the Senators. This time, only the title of the bill is read on the
floor. Nominal voting is held. If passed, the approved Senate bill is referred to the House of Representatives for
concurrence.
At the House of Representatives
The Lower Chamber follows the same procedures (First Reading, Second Reading and Third Reading).
Back to the Senate
If the House-approved version is compatible with that of the Senates, the final versions enrolled form is printed. If there
are certain differences, a Bicameral Conference Committee is called to reconcile conflicting provisions of both versions of
the Senate and of the House of Representatives. Conference committee submits report on the reconciled version of the
bill, duly approved by both chambers. The Senate prints the reconciled version in its enrolled form.
Submission to Malacaang
Final enrolled form is submitted to Malacaang. The President either signs it into law, or vetoes and sends it back to the
Senate with veto message.
Concept of Vague Statutes.
Statutes or Acts may be said to be vague when it lacks comprehensible standards or when those men of common
intelligence must necessarily guess its meaning and differ as to its application.
Statute is repugnant to the Constitution in two (2) respects:
1. It violates due process for failure to accord persons a fair notice of conduct to avoid; and
2. It leaves law enforcers unbridled discretions.
The Supreme Court held that the vagueness doctrine merely requires a reasonable degree of certainty for the statute to
be upheld not absolute precision or mathematical exactitude. Flexibility, rather than meticulous specificity, is permissible
as long as the metes and bounds of the statute are clearly delineated.
An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or borough, is apolit
ical subdivision of a state within which a municipal corporation has been established to provide local government to apopu
lation in a defined area.
The tests of a valid ordinance are well established. A long line of decisions has held that for an ordinance to be valid, it
must not only be within the corporate powers of the local government unit to enact and must be passed according to the
procedure prescribed by law, it must also conform to the following substantive requirements: (1) must not contravene the
Constitution or any statute; (2) must not be unfair or oppressive; (3) must not be partial or discriminatory; (4) must not
prohibit but may regulate trade; (5) must be general and consistent with public policy; and (6) must not be
unreasonable.19
Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of
the laws. (6)
Art. 10. In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body
intended right and justice to prevail. (n)
SECTION 2. Definitions.As used in this Book:
(1) Agency includes any department, bureau, office, commission, authority or officer of the National Government
authorized by law or executive order to make rules, issue licenses, grant rights or privileges, and adjudicate cases;
research institutions with respect to licensing functions; government corporations with respect to functions regulating
private right, privileges, occupation or business; and officials in the exercise of disciplinary power as provided by law.
(2) Rule means any agency statement of general applicability that implements or interprets a law, fixes and describes
the procedures in, or practice requirements of, an agency, including its regulations. The term includes memoranda or
statements concerning the internal administration or management of an agency not affecting the rights of, or procedure
available to, the public.
(3) Rate means any charge to the public for a service open to all and upon the same terms, including individual or joint
rates, tolls, classifications, or schedules thereof, as well as commutation, mileage, kilometerage and other special rates
which shall be imposed by law or regulation to be observed and followed by any person.
(4) Rule making means an agency process for the formulation, amendment, or repeal of a rule.
(5) Contested case means any proceeding, including licensing, in which the legal rights, duties or privileges asserted by
specific parties as required by the Constitution or by law are to be determined after hearing.
(6) Person includes an individual, partnership, corporation, association, public or private organization of any character
other than an agency.

(7) Party includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be
admitted as a party, in any agency proceeding; but nothing herein shall be construed to prevent an agency from admitting
any person or agency as a party for limited purposes.
(8) Decision means the whole or any part of the final disposition, not of an interlocutory character, whether affirmative,
negative, or injunctive in form, of an agency in any matter, including licensing, rate fixing and granting of rights and
privileges.
(9) Adjudication means an agency process for the formulation of a final order.
(10) License includes the whole or any part of any agency permit, certificate, passport, clearance, approval, registration,
charter, membership, statutory exemption or other form of permission, or regulation of the exercise of a right or privilege.
(11) Licensing includes agency process involving the grant, renewal, denial, revocation, suspension, annulment,
withdrawal, limitation, amendment, modification or conditioning of a license.
(12) Sanction includes the whole or part of a prohibition, limitation or other condition affecting the liberty of any person;
the withholding of relief; the imposition of penalty or fine; the destruction, taking, seizure or withholding of property; the
assessment of damages, reimbursement, restitution, compensation, cost, charges or fees; the revocation or suspension
of license; or the taking of other compulsory or restrictive action.
(13) Relief includes the whole or part of any grant of money, assistance, license, authority, privilege, exemption,
exception, or remedy; recognition of any claim, right, immunity, privilege, exemption or exception; or taking of any action
upon the application or petition of any person.
(14) Agency proceeding means any agency process with respect to rule-making, adjudication and licensing.
(15) Agency action includes the whole or part of every agency rule, order, license, sanction, relief or its equivalent or
denial thereof.
SECTION 3. Filing.(1) Every agency shall file with the University of the Philippines Law Center three (3) certified copies
of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within three (3) months
from that date shall not thereafter be the basis of any sanction against any party or persons.
(2) The records officer of the agency, or his equivalent functionary, shall carry out the requirements of this section under
pain of disciplinary action.
(3) A permanent register of all rules shall be kept by the issuing agency and shall be open to public inspection.
SECTION 4. Effectivity.In addition to other rule-making requirements provided by law not inconsistent with this Book,
each rule shall become effective fifteen (15) days from the date of filing as above provided unless a different date is fixed
by law, or specified in the rule in cases of imminent danger to public health, safety and welfare, the existence of which
must be expressed in a statement accompanying the rule. The agency shall take appropriate measures to make
emergency rules known to persons who may be affected by them.
SECTION 5. Publication and Recording.The University of the Philippines Law Center shall:
(1) Publish a quarterly bulletin setting forth the text of rules filed with it during the preceding quarter; and
(2) Keep an up-to-date codification of all rules thus published and remaining in effect, together with a complete index and
appropriate tables.
SECTION 6. Omission of Some Rules.(1) The University of the Philippines Law Center may omit from the bulletin or the
codification any rule if its publication would be unduly cumbersome, expensive or otherwise inexpedient, but copies of that
rule shall be made available on application to the agency which adopted it, and the bulletin shall contain a notice stating
the general subject matter of the omitted rule and new copies thereof may be obtained.
(2) Every rule establishing an offense or defining an act which, pursuant to law is punishable as a crime or subject to a
penalty shall in all cases be published in full text.
SECTION 7. Distribution of Bulletin and Codified Rules.The University of the Philippines Law Center shall furnish one
(1) free copy each of every issue of the bulletin and of the codified rules or supplements to the Office of the President,
Congress, all appellate courts and the National Library. The bulletin and the codified rules shall be made available free of
charge to such public officers or agencies as the Congress may select, and to other persons at a price sufficient to cover
publication and mailing or distribution costs.
SECTION 8. Judicial Notice.The court shall take judicial notice of the certified copy of each rule duly filed or as
published in the bulletin or the codified rules.
SECTION 9. Public Participation.(1) If not otherwise required by law, an agency shall, as far as practicable, publish or
circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption
of any rule.
(2) In the fixing of rates, no rule or final order shall be valid unless the proposed rates shall have been published in a
newspaper of general circulation at least two (2) weeks before the first hearing thereon.
(3) In case of opposition, the rules on contested cases shall be observed.