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LEGAL TECHNIQUE
Prof. Donna Zapa-Gasgonia

Centro Escolar University

School of Law and Jurisprudence
2nd Semester, 2015-2016
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III. Application
A. Legislation and Policy

B. Basic Human Rights

C. Judicial Reasoning

D. Logical Test of Judicial Reasoning

E. Analysing Decisions
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III. Application

A. Legislation and Policy

•1. How a bill becomes a law

•2. Analysis of legislative
proposals – the Explanatory
Note
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HOW A BILL BECOMES A

LAW
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Legislative Process

3 Committee
1 Preparation of 4 Second
2 First READING Consideration/
the BILL READING
Action

6 Transmittal of 7 SENATE Action

5 Third 8 Conference
Approved House on Approved
READING Committee
BILL to SENATE House BILL

9 Transmittal of 10 Presidential
11 Action on the 12 Action on
the BILL to the Action on the
Approved BILL Vetoed BILL
President BILL
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1 Preparation of the BILL

• The member or the Bill
Drafting Division of the
Reference and Research
Bureau prepares and
drafts the bill upon the
member’s request.
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2 First READING
• The BILL is filed with the
Bills and Index Service and
the same is numbered and
reproduced.
• Three days after its filing,
the same is included in the
Order of Business for First
Reading.
• On First Reading, the
Secretary General reads
the title and number of the
bill. The Speaker refers the
bill to the appropriate
Committee/s.
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3 Committee Consideration/Action
• The Committee where the
bill was referred to
evaluates it to determine
the necessity of conducting
public hearings. If yes, it
schedules the time and
issues public notices,
invites resource persons.
If no, it schedules the bill
for Committee discussion.
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3 Committee Consideration/Action
• Based on the result of the
public hearing/s or the
Committee discussion/s, the
Committee may introduce
amendments, consolidate
bills on the same subject
matter, or propose a
substitute bill. It then
prepares the corresponding
committee report.
• The Committee approves the
Committee Report and
formally transmits the same
to the Plenary Affairs Bureau.
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4 Second READING
• The Committee Report is
registered and numbered
by the Bills and Index
Service. It is included in
the Order of Business and
referred to the Committee
on Rules.
• The Committee on Rules
schedules the bill for
consideration on Second
READING.
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4 Second READING
• On Second READING, the
Sec. Gen. reads the
number, title and text of
the bill and the ff. takes
place:
(a) Sponsorship;
(b) Amendments;
(c) Voting
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5 Third READING
• Amendments are endorsed
and printed copies of the
bill are reproduced for
Third READING.
• Endorsed bill is included
in the Calendar of Bills for
Third READING and
copies are distributed to all
members three days before
its Third READING.
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5 Third READING
• Third READING, Sec. Gen.
reads only the number and
title of the BILL.
• Roll call or nominal voting
is called, and a Members,
is given three minutes to
explain his vote. No
amendment is allowed at
this stage.
• BILL is approved; if
disapproved, it is sent to
the Archives.
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6 Transmittal of Approved BILL to the

Senate
• The BILL is transmitted to
the SENATE for
concurrence.
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7 SENATE Action on the Approved BILL

• The BILL undergoes the
same legislative process in
the Senate.
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8 Conference Committee
• A Conference Committee
is constituted and is
composed of Members
from each House to settle,
reconcile, or thresh out
differences or
disagreements on any
provision of the BILL.
• Conferees are not limited
to reconciling but may
introduce new provisions
germane to the subject
matter or may report out
an entirely new BILL on
the subject.
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8 Conference Committee
• Conference Committee
prepares a report to be
signed by all conferees and
the Chairman.
• Conference Committee
Report is submitted for
consideration/approval of
both Houses. No
amendment is allowed.
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9 Transmittal of the BILL to the President

• Copies of the BILL, signed
by the Senate President
and the Speaker of the
House and certified by
both Secretary of the
Senate and Sec. Gen. of
Congress are transmitted
to the President.
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10 Presidential Action on the Bill

• If the BILL is approved by
the President, an R.A.
number is assigned and
transmitted to the House
where it originated.
• If the BILL is vetoed, it is
transmitted to the House
where it originated with a
message citing the reason
for the veto.
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11 Action on Approved BILL

• Approved BILL is
reproduced and copies are
sent to the Official Gazette
for publication and
distribution to the
implementing agencies.
• It is included in the annual
compilation of Acts and
Resolutions.
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12 Action on Vetoed BILL

• The message is included in
the Order of Business.
• If Congress decides to
override, the House and
the Senate shall proceed
separately to reconsider
the BILL or the vetoed
items.
• If the BILL is passed by a
vote of 2/3 of the members
of each House, the BILL or
items shall become a LAW.
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EXPLANATORY NOTE
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The EXPLANATORY NOTE – application of LOGIC

Major
Statement of
the LAW - Premise
Current gap
Situation -
facts
Minor
Premise
Legal
SOLUTION

Proposed BILL
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HB 234 – making ENRO mandatory in all provinces, cities and

municipalities [Cong. Roy M. Loyola, Cavite 5th District
• Bill first introduced in 15th Congress
• Climate change, global warming,
environmental degradation,
land/water/air pollution, resource
depletion, rising sea levels, other Statement
of the LAW
equally disturbing environmental Current - gap
Situation -
crisis facts

• Need to make immediate and

drastic actions to address them Legal
SOLUTION
• Rapid growth, development,
industrialization – environmental
concerns take a back seat
• Man-made disasters could have
been prevented with sound
environmental plans, policies and Proposed BILL
programs at the LGU level.
• Sec. 484, Local Government Code –
RA 7160 – ENRO qualifications, but
appointment optional
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ANALYSING STATUTES VIS-À-VIS

IMPLEMENTING RULES AND
REGULATIONS
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III. Application

Analysing Statutes vis-à-vis

Implementing Rules and Regulations

• 1. Detecting Ambiguity
•2. R.A. 10121 - PDRRMA
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ENRIGHT
“WORKING WITH STATUTES”
www.federationpress.com.au
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Detecting AMBIGUITY
• Find the ambiguity, understand its cause or nature and
identify the possible meanings of the ambiguous
sentence.
• Prime object is to focus on seeing possibilities.
• Secondary object is to counter the strategy, of launching
straight in to arguments, or making assertions.

- Enright, “Working with Statutes”

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Enright Sample Question 1: constitutional maxim

• “The King can do no wrong.”

• What is the ambiguity?
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Enright Sample Question 1: constitutional maxim

• “The King can do no wrong.”

• What is the ambiguity?

• The maxim can either mean that the King is immune

if he does wrong,

• or that he is not allowed to do wrong and must,

therefore, make restitution if he does.
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Enright Sample Question 20: maxim

• “Necessity has no law.”
• What is the ambiguity?
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Enright Sample Question 20: legal maxim

• “Necessity has no law.” • Maxim can mean that

• What is the ambiguity? necessity is an
exception to most legal
rules (which is the
accepted meaning), or

• Necessity has no legal

recognition.
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Enright Sample Question 21:

• “Let him have it.”
• What is the ambiguity?
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Enright Sample Question 21:

• “Let him have it.” • Let the police have the
• What is the ambiguity? gun, i.e. to hand it
over; a literal meaning
of the phrase.

• Shoot the policeman; a

colloquial meaning of
the phrase.
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A GUIDE TO READING,
INTERPRETING AND
APPLYING STATUTES
The Writing Center,
Georgetown University Law Center
By Katherine Clark and Matthew Connolly,
Senior Writing Fellows, April 2006
www.law.georgetown.edu/academics/academic-programs/legal-
writing-scholarship/writing-center/upload/statutoryinterpretation.pdf
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Before you begin …

Shepardize or
Understand you
Read the Statute “Keycite” the
client’s goals
Statute
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Read the Statute

“The language of the text of the statute should

serve as the starting point for any inquiry into
its meaning. To properly understand and
interpret a statute, you must read the text
closely, keeping in mind that your initial
understanding of the text may not be the only
plausible interpretation of the statute or even
the correct one.”
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Understand your client’s goals …

“Make sure that you have a firm grasp of

your client’s goals and the underlying
facts of your client’s legal problem so that
you will be able to determine which
statutes are relevant to your case.”
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Shepardize or Keycite the Statute …

“ As time passes, lawmakers sometimes reverse and
rewrite the text of a statute in response to changing legal or
political realities. When understanding an assignment or
research project that requires you to analyse a statute, be
sure to Shepardize or Keycite the statute to determine:
a) Whether the statute parts of the statute have been
repealed or otherwise invalidated;
b) Whether the statute has been amended; and
c) Whether there are any court decisions that can guide
your analysis of the statute.”
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Tools for Analyzing a Statute

1. Plain Meaning

2. Context
3. Canons of
Construction
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Plain Meaning
Primary Sources Secondary Sources

• Statutory definitions • Dictionaries

• Case law • Legislative history
• Administrative
Regulations or Decisions
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Plain Meaning – “the whole act rule”

The “whole act rules” is an approach to statutory
interpretation that assumes that when a certain term or
phrase is used multiple times throughout a statute, that
term or phrase should be interpreted in a consistent
manner. This rule assumes that the legislatures draft
statutes in a way that is “internally consistent in its use of
language and in the way its provisions work together.”
o Preambles and purpose clauses
o Rule to avoid surplusage
o Presumption of consistent usage and meaningful variation
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Context – statutory construction – Latin maxims

o Noscitur a sociis – you can determine the meaning of an

ambiguous term by reference to the words associated
with it
o Ejusdem generis – when a statute has explicitly set forth a
series of terms to which the statute applies, and you have
to determine if it applies to others not explicitly
mentioned in the statute
o Expressio unius – where certain terms have been explicitly
set forth in a statute, that statute may be interpreted not to
apply to terms that have been excluded from the statute.

Canons of Construction
Rule
IF the language of a statute is plain
and unambiguous it must be given
effect.
IF the terms of the statute have
received judicial construction before
enactment the terms should be
understood according to that
construction.
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Counter-rule
UNLESS a literal interpretation
would lead to absurd or mischievous
consequences or thwart the manifest
purpose.
UNLESS the statute clearly requires
them to have a different meaning.
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Helpful suggestions

Be mindful of commonly used

Look for cross-references
terms

• And vs. Or
• May vs. Shall
• Unless, Except
• Subject to …
• If … then …
• Notwithstanding
• Each/only …
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Theories of Statutory Interpretation

I. Textualism – words II. Intentionalism – III. Pragmatism –

and phrases focus on meaning focus on the reader
• Autoritative sources • Legislative history; • Assume there is no
situated in the past noscitur a sociis single, objectively
• Original intent • Associated historical correct meaning of a
• Previous movements/ process statute
interpretations theory; what • Multiple
• Presumptively affected groups need interpretations are
correct permitted
• Multiple motives
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“If your audience is more likely to be persuaded by one

theory of statutory interpretation, be aware of that
likelihood before you try to interpret the statute for that
audience. Choose your interpretative tools wisely.”
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Analysing R.A. 10121 – Philippine Disaster Risk Reduction and Management Act
Sec. 3 –
Sec. 2 –
Definition of Sec. 5 - Sec. 6 – Powers and
Sec. 1 - Title Declaration of Sec. 4 - Scope Functions of NDRRMC (a) to
Terms (a) to NDRRMC (q)
Policy
(oo)

Sec. 7 – Authority Sec. 9 – Powers and Sec. 10 – Sec. 11 –

Sec. 8 – Office of Sec. 12 – Local
of NDRRMC Functions of OCD (a) to Regional Organization at
Chair
Civil Defense (r) DRRMO
DRRMO Regional Level

Sec. 13 – Accreditation, Sec. 14 – Integration of Sec. 15 – Sec. 16 – Sec. 18 – Mechanism

Mobilization, … DRR Education into Sec. 17 –
Coordination Declaration of for International
Volunteers, Reserve School Curricula and Remedial Humanitarian
Corps, CSO, Private SK, Mandatory Training during State of
Measures Assistance
Sector of Public Sector Ee’s Emergencies Calamity

Sec. 22 – Sec. 23 –
Sec. 19 – Sec. 20 – Penal Sec. 21 – Local Sec. 24 – Annual
National DRRM Funding of the
Prohibited Acts Clause DRRM Fund Report
Fund OCD

Sec. 26 –
Sec. 28 – Repealing
Congressional Sec. 27 – Sunset
Sec. 25 - IRR Sec. 29 Separability
Oversight Review Sec. 30 - Effectivity
Committee