A. IN GENERAL

LAWa. Jural and generic sense: refers to the whole body or system of law; applicable to all actions/aspects of creationb. Jural and concrete sense: law means a rule of conduct (how we must behave) formulated (conscious effort) and made obligatory (no option but follow) by legitimate power of the state (experience of presidential decrees)

It includes:a. Statutes enacted by the legislatureb. Presidential decrees and executive orders issued by the Presidentc. Other presidential issuancesd. Rulings of the Supreme Court construing the law, rules and regulations promulgated by administrative or executive offices pursuant to a delegated powere. Ordinances passed by sanggunians of LGU

STATUTEAn act of the legislature as an organized body, expressed in the form, and passed according to the procedure, required to constitute it as part of the law of the land.

Statutes enacted by the legislature are those passed by:a. The Philippine Commissionb. The Philippine Legislaturec. The Batasang Pambansad. The Congress of the Philippines

Presidential decrees issued by the President in the exercise of his legislative power during the period of martial law under the 1973 Constitution

Executive orders issued by the President in the exercise of his legislative power during the revolutionary period under the Freedom Constitution.

CLASSIFICATION OF STATUTES according toa. Subject matter (depends on substance rather than on form) PUBLIC STATUTE one which affects the public at large or the whole community PRIVATE STATUTE one which applies only to a specific person or subject

b. Scope General law one which applies to the whole state and operates throughout the state alike upon all the people or all of a class Special law one which relates to particular persons or things of a class or to a particular community, individual or thing Local law one whose operation is confined to a specific place or locality (municipal ordinances)

c. Duration PERMANENT STATUTE one whose operation is not limited in duration but continues until repealed

TEMPORARY STATUTE statute whose duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of an event

Manner of referring to statutesStatutes consecutively numbered and identifiedPublic Acts 1901 to 1935 Phil. Commission/LegislatureCommonwealth Acts 1936 to 1946 during commonwealthRepublic Acts 1946 to 1972 and 1987 -CongressBatas Pambansa Batasang PambansaPDs, EDs serially numberedStatute may also be referred to by its title

B. ENACTMENT OF STATUTES

1.06 GenerallyGenerally, the study of StatCon should begin with how a bill is enacted into law.

1.07 Legislative power of CongressSECTION 1 OF ARTICLE 6THE LEGISLATIVE POWER SHALL BE VESTED IN THE CONGRESS OF THE PHILIPPINES WHICH SHALL CONSIST OF A SENATE AND A HOUSE OF REPRESENTATIVVES, EXCEPT TO THE EXTENT RESERVED TO THE PEOPLE BY THE PROVISION ON INITIATIVE AND REFERENDUM.

LEGISLATIVE POWER The power to make, alter and repeal laws Embraces all subjects and extends to matters of general concern or common interest Vested in the Congress of the Philippines, consisting of a Senate and a House of Representatives, not in a particular chamber, but in both chambers

Initiative for filing revenue, tariff, or tax bills, bills authorizing an increase of the public debt, private bills and bills of local application must come from the HOUSE OF REPRESENTATIVES.

Reason: Elected as they are from the districts, the members of the House can be expected to be more sensitive (familiar) to the local needs and problems

Senators, who are elected as large, are expected to approach the same problem from the national perspective.

Legislative Power power to enact lawsExecutive Power power to execute the lawsJudicial Power power to interpret and apply the laws

Legislative power appears to be more extensive and broad than the executive and judicial powers. For without a law, the executive has nothing to execute, and the judiciary has nothing to interpret and apply.

The legislative power of the Congress is absolute except to some limitations found in the Constitution.

The provisions of the Constitution are either self-executing or non-self executing (requires Congress to enact enabling legislations)

1.08 Procedural requirements in enacting a law, generallyThe fundamental law prescribes the basic procedural requirements for the passage of a bill into law.

Apart from the basic constitutional requirements, Congress provides in detail the procedure by which a bill may be enacted into law.

Courts have no power to inquire into allegations that, in enacting a law, a House of Congress failed to comply with its own rules, in the absence of a showing that there was a violation of a constitutional provision or the rights of private individuals. These rules are subject to revocation, modification or waiver at the pleasure of the body adopting them.

1.09 Steps in the passage of bill into lawBILL A proposed legislative measure introduced by a member or members of Congress for enactment into law. Signed by its authors; purpose: ownership/authentication Filed with the secretary of the house It may originate from either the lower or upper House, except appropriation, revenue or tariff bill, bills of authorizing increase of public debt, bills of local application, and private bills

FIRST READING-consists of reading the number and title of the bill, followed by its referral to the appropriate Committee for study and recommendation-the Committee may hold public hearings on the proposed measure and submit(s) its report and recommendation for Calendar for second reading

SECOND READING-the bill shall be read in full with the amendments proposed by the Committee, if any, unless copies thereof are distributed and such reading is dispensed with-the bill will be subject to debates, pertinent motions, and amendments.-after the amendments shall have been acted upon, the bill will be voted on second reading-a bill approved on second reading shall be included in the Calendar of bills for third reading.THIRD READING-the bill as approved on second reading will be submitted for final vote by yeas and nays

SECTION 26(2) OF ARTICLE 6NO BILL PASSED BY EITHER HOUSE SHALL BECOME A LAW UNLESS IT HAS PASSED THREE READINGS ON SEPARATE DAYS, AND PRINTED COPIES THEREOF IN ITS FINAL FORM HAVE BEEN DISTRIBUTED TO ITS MEMBERS THREE DAYS BEFORE ITS PASSAGE, EXCEPT WHEN THE PRESIDENT CERTIFIES TO THE NECESSITY OF ITS IMMEDIATE ENACTMENT TO MEET A PUBLIC CALAMITY OR EMERGENCY. UPON THE LAST READING OF A BILL, NO AMENDMENT THERETO SHALL BE ALLOWED, AND THE VOTE THEREON SHALL BE TAKEN IMMEDIATELY THEREAFTER, AND THE YEAS AND NAYS ENTERED IN THE JOURNAL.

CONFERENCE COMMITTEE REPORTS Approved bill on 3rd reading by one house is transmitted to the other house to follow the same route If other house approved the bill without amendments, the bill will be transmitted to the President If other house introduces amendments and first house does not agree, differences will be settled by the Conference committees.

CONFERENCE COMMITTEE-3rd body of the legislature-The mechanism for compromising differences between the -Senate and the House in the passage of a bill into law-their report/recommendation must be approved by both houses before sending to the President-There is nothing in the Rules which limits a conference committee to a consideration of conflicting provisions-It is within its power to include in its report an entirely new provision that is not found either in the House bill or in the Senate bill.- it is within its power to endorse the bill as it is, changes omit or insert provisions, entirely new and substitute bill committee bill, and can kill a bill

AUTHENTICATION OF BILLS-The lawmaking process in Congress ends when the bill is approved by the body-Before an approved bill is sent to the President, it must be authenticated:The signing by the Speaker and the Senate President of the printed copy of the approved bill, certified by the respective secretaries of the both Houses

A bill becomes a law in either of 3 ways:a. (action) When the President signs itb. (inaction) When the President does not sign nor communicate his veto of the bill within thirty days after his receipt thereofc. (counteraction) When the vetoed bill is repassed by Congress by two-thirds vote of all its Members, each House voting separately

Partial veto is not allowed except for appropriations.

C. PARTS OF STATUTES

PARTS OF STATUTESa. Preambleb. Title of Statutec. Enacting claused. Purview or body of statutee. Separability clausef. Repealing Clauseg. Effectivity Clause

PREAMBLE-A prefatory statement or explanation or a finding of facts, reciting the purpose, reason, or occasion for making the law to which it is prefixed-Usually found after the enacting clause and before the body of the law-The legislature seldom puts a preamble to a statute it enacts into lawReason: the statement embodying the purpose, reason, or occasion for the enactment of the law is contained in its explanatory note-Plays an important role in the construction of PDs

TITLE OF STATUTESECTION 26(1) OF ARTICLE 6EVERY BILL PASSED BY CONGRESS SHALL EMBRACE ONLY ONE SUBJECT WHICH SHALL BE EXPRESSED IN THE TITLE THEREOF.

This provision is mandatory, and a law enacted in violation thereof is unconstitutional.

Limitations:a. The legislature is to refrain from conglomeration, under one statute, of heterogeneous subjects.b. The title of the bill is to be couched in a language sufficient to notify the legislators and the public and those concerned of the import of the single subject thereof.

Principal purpose of title requirement: to apprise the legislators of the object, nature and scope of the provisions of the bill, and to prevent the enactment into law of matters which have not received the notice, action and study of the legislators

Aims of the requirement:a. To prevent hodgepodge or log-rolling legislationb. To prevent surprise or fraud upon the legislature, by means of provisions in bills of which the title gave no information, and which might therefore be overlooked and carelessly and unintentionally adoptedc. To fairly apprise the people, through such publication of legislative proceedingsd. The title of a statute is used as a guide in ascertaining legislative intent when the language of the act does not clearly express its purpose

ONE TITLE-ONE SUBJECT rule-does not require the Congress to employ in the title of the enactment, language of such precision as to mirror, fully index or catalogue all the contents and the minute details therein-the rule is sufficiently complied with if the title is comprehensive enough as to include the general object which the statute seeks to effect, and where the persons interested are informed or the nature, scope and consequences of the proposed law and its operation

How requirement of title construed: -the title of a bill should be liberally construed; it should not be given a technical interpretation; nor should it be so narrowly construed as to cripple or impede the power of legislation-provisions (though not expressed in the title) are germane to the subject matter

Subject of repeal of statute:-the repeal of a statute on a given subject is properly connected with the subject matter of a new statute on the same subject-repealing section in the new statute is valid

When requirement not applicable:It does not apply to laws in force and existing at the time the 1935 Constitution took effect

Effect of insufficiency of title:-null and void-if some parts arent expressed, those parts are void. Rest=enforceable, inseparable=null

ENACTING CLAUSEThat part of a statute written immediately after the title thereof which states the authority by which the act is enacted

Example:a. Phil Commission: By the authority of the President of the US, be it enacted by the US Phil Commission.b. Phil Legislature: By authority of the US, be it enacted by the Phil Legislature.c. When PL became bicameral: Be it enacted by the Senate and House of Representatives of the Phil in legislature assembled and by authority of the samed. Commonwealth: Be it enacted by the National Assembly of the Philippinese. When CW became bicameral (1946-1972, 1987-present) Be it enacted by the Senate and House of Representatives in Congress assembled.f. PD: Now, therefore, I ______ President of the Phil, by the powers vested in me by the Constitution do hereby decree as follows:g. EO: Now, therefore, I ___, hereby order.

PURVIEW OR BODY OF STATUTE-heart and soul of statute-that part which tells what the law is all about-should embrace only one subject matterComplied : where the provisions thereof, no matter how diverse they may be, are allied and germane to the subject and purpose of the bill or, negatively stated, where the provisions are not inconsistent with, but in furtherance of, the single subject matter-legislative practice in writing a statute: divide an act into sections, each of which is numbered and contains a single proposition

SEPARABILITY CLAUSEThat part of a statute which states that if any provision of the act is declared invalid, the remainder shall not be affected thereby (in force and in effect)*not controlling and the courts may invalidate the whole statute where what is left, after the void part, is not complete and workablePresumption: the legislature intended a statute to be effective as a whole and would not have passed it had it foreseen that some part of it is invalid-indispensable-partial constitutionality; partial unconstitutionality

REPEALING CLAUSEThe repeal is not a legislative declaration finding the earlier law unconstitutional. This power is with the courts, not with the legislature.a. Total repeal rendered revoked completelyb. Partial repeal leaves the unaffected portions in forcec. Express repeal a declaration in a statute, usually in its repealing clause, that a particular and specific law, identified by its number of title, is repealedd. Implied repeal an irreconcilable and inconsistency exist in the terms of new and old laws

EFFECTIVITY CLAUSEThe provision when the law take effectUsually, it shall take effect 15 days from publication in the Official Gazette or in a newspaper of general circulation

ARTICLE 2 OF CIVIL CODELAWS SHALL TAKE EFFECT AFTE FIFTEEN DAYS FOLLOWING THE COMPLETION OF THEIR PUBLICATION EITHER IN THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION, UNLESS OTHERWISE PROVIDED.

1.11 Meaning of certain bills originating from lower HouseSECTION 24ALL APPROPRIATION, REVENUE OR TARIFF BILLS, BILLS AUTHORIZING INCREASE OF THE PUBLIC DEBT, BILLS OF LOCAL APPLICATION, AND PRIVATE BILLS, SHALL ORIGINATE EXCLUSIVELY IN THE HOUSE OF REPRESENTATIVES, BUT THE SENATE MAY PROPOSE OR CONCUR WITH AMENDMENTS.

The initiative must come from the House of Representatives. A bill may undergo extensive changes in the Senate, with its power to propose or concur with amendments, that the result may be a re-writing of the whole.

The provision does not prohibit the filing in the Senate of substitute in anticipation of its receipt of the bill from the House, so long as action by the Senate as a body is withheld pending receipt of the House bill.

D. ISSUANCES, RULES AND ORDINANCESPRESIDENTIAL ISSUANCES-those which the President issues in the exercise of his ordinance power-include executive orders, administrative orders, proclamations, memorandum orders, memorandum circulars, and general or special orders-have the force and effect of laws

Sec 2 Executive Orders Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders

Sec 3 Administrative Orders Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders

Sec 4 Proclamations Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order

Sec 5 Memorandum Orders Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders

Sec 6 Memorandum circulars Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars

Sec 7 General or Special Orders Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders

The line that delineates legislative and executive power is not indistinct.

The grant of legislative power to Congress is broad, general and comprehensive.

Legislative power embraces all subjects and extends to matters of general concern or common interest.

The President executes the laws. (Chief Executive)

Executive power is the power of carrying the laws into practical operation and enforcing their due observance.

Administrative power is concerned with the work of applying policies and enforcing orders Must be in harmony with the law Should be for the sole purpose of implementing the law and carrying out the legislative policy

ADMINISTRATIVE RULES AND REGULATIONS-have the force and effect of lawRequirements:a. Rules should be germane to the objects and purposes of the lawb. The rules be not in contradiction with, but conform to, the standards that the law prescribesc. They be for the sole purpose of carrying into effect the general provisions of the law.

The law itself cannot be extended, nor its terms and provisions restricted.

The rule-making power of a public administrative agency is a delegated legislative power. It may not use the power to bridge the authority to enlarge its power beyond the scope intended. It may not issue rules and regulations which are inconsistent with the provisions of the Constitution or a statute

Law must essentiallya. Be complete in itself it must set forth therein the policy to be executed, carried out or implemented by the delegateb. Fix a standard the limits of which are sufficiently determinate of determinable- to which the delegate must conform in the performance of his functionsAdequate standards: simplicity and dignity, public interest, public welfare, interests of law and order, justice and equity and substantial merit of the case, and adequate and efficient instruction

The details and the manner carrying out the law are often times left to the administrative agency entrusted with its enforcement.

A statutory grant of powers should not be extended by implication beyond what may be necessary for their just and reasonable execution.

Requisites for Administrative Issuance to be valid:a. Its promulgation must be authorized by the legislatureb. It must be promulgated in accordance with the prescribed procedurec. It must be within the scope of the authority given by the legislatured. It must be reasonable

Administrative rules and regulations are not immune from judicial review

Rules of Court product of the rule-making power of the SC Has the power to repeal procedural rules No power to promulgate rules substantive in nature

Legislature may enact laws which area. Substantial rules affects/takes away vested rightsExample: right to appealb. Procedural rules it operates as a means of implementing an existing rightExample: where to prosecute an appeal or transferring the venue of appeal

ADMINISTRATIVE RULE AND INTERPRETATIONRule with the force and effect of a valid law Binding on the courts, even if they are not in agreement with the policy stated therein or with its innate wisdomInterpretation opinion, gives a statement of policy-merely advisory, for it is the courts that finally determine what the law means

Administrative construction not necessarily binding upon the courts; it may be set aside by judicial department if there is an error of law, or abuse of power or lack of jurisdiction or grave abuse of discretion

LEGISLATIVE POWER OF LOCAL GOVERNMENT UNITS (LGUs) Power of local legislative bodies to enact ordinances Consisting of : BO, MO, CO, and PO Requirements:a. Must not contravene the Constitution or any statuteb. Must not be unfair or oppressivec. Must not be partial or discriminatoryd. Must not prohibit, but may regulate tradee. Must be general and consistent with public policyf. Must not be unreasonable

BARANGAY ORDINANCE Smallest legislative body: sangguniang barangay May pass an ordinance affecting a barangay by majority vote of all its members A barangay ordinance is subject to review by sangguniang bayan/panglungsod to determine whether it is consistent with law or with municipal or city ordinance SP/SB shall take action within 30 days from submission No action: the ordinance will be presumed consistent with law or municipal or city ordinance and shall be deemed approved If inconsistent: return to SB concerned for adjustment, amendment, or modification Effectivity of the ordinance is suspended

MUNICIPAL ORDINANCE Power to enact municipal ordinance: SBayan Affirmative vote of a majority of the members of SB present and voting, there being a quorum, shall be necessary for the passage of any ordinance Ordinance submitted to the municipal mayor Return: within 10 days either with is approval or veto Does not return: shall be deemed approved Two-thirds vote of all members to override veto Approved: submitted to SPanlalawigan for review SP within 30 days from receipt invalidate ordinance in whole or in part, and his action shall be final SP does not take action within 30 days, ordinance shall be presumed consisting with law and valid

CITY ORDINANCE Power to pass city ordinance: SPanlungsod Affirmate vote of a majority of the members present and there being a quorum, shall be necessary for the passage of any ordinance Submit to city mayor: within 10 days, shall return it with his approval or veto; if he does not return it, it shall be deemed approved Approved: submitted to SPanlalawigan for review which shall take action within 30 days, otherwise, it will be deemed valid

PROVINCIAL ORDINANCE Legislative body: SPanlalawigan Forwarded to Governor who, within 15 days from receipt, shall return it with his approval or veto; if he does not return it, it shall be deemed approved May be repassed by SPanlalawigan by a two-thirds vote of all its members

PRESIDENTIAL ISSUANCES

ISSUANCESThose which the President issues in the exercise of his ordinance power

LIMITED TOExecutive PowerAdministrative OrderProclamationsMemorandum OrderMemorandum CircularGeneral or Special Order

ORDINANCE POWERRight of the President to run the executive branch and issue orders

LEGAL BASISChap 2, Book III, EO 292 (Adm Code of 1987) Ordinance Power

EXECUTIVE POWERAuthority to execute or implement laws

LEGAL BASISSec 17, Art VII, 1987 Constitution The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.

AUTHORIZED PRESIDENTIAL ISSUANCES

Executive orderProvides for rules of general or permanent character in the implementation of constitutional or statutory powers

Administrative orderRefers to particular aspect of governmental operations in pursuance of duties of the president as administrative head

ProclamationFixes a date or declares status or condition of public moment or interest, upon the existence of which the operation of specific law or regulation is made to depend

Memorandum OrderRefers to matters of administrative detail which only concern particular officer or office of the government

Memorandum CircularRelates to internal administration, which the President desires to bring to attention of agencies of the government for information or compliance

General or Special OrderActs and commands of the President as Commander-in-Chief of the AFP

ILLUSTRATIVE CASES

David vs. ArroyoGR No. 171396May 3, 2006FACTS: On Feb 24, 2006 PGMA issued:1. PP1017 commanding AFP to maintain law and order and to enforce obedience to all laws and decrees promulgated by me personally or upon my direction, and declaring State of National Emergency;2. GO No. 5 calling upon AFP and PNP to prevent and suppress acts of terrorism and lawless violence in the country.Randolf David, arrested without warrant during dispersal operations, assails PP 1017 on the ground that it encroaches on the emergency powers of Congress

HELD: PP1017 is unconstitutional. It constitutes call by the president for AFP to prevent or suppress lawless violence under Art VII, Section 18. However, provisions giving the president power to issue decrees are unconstitutional. GO No. 5 is constitutional. It provides standard by which AFP and PNP should implement PP1017.

CASE ON PRESIDENTIAL ISSUANCES

Ople vs. TorresGR No. 127686July 23, 1998FACTS: In 1996 Pres FVR issued:AO 308 (Adoption of National Computerized Identification Reference System)Sen. Blas Ople assails its constitutionality on the ground that it is:1. Usurpation of power of Congress to legislate AO 308 is not a mere administrative order but a law and hence, beyond the power of the President to issueES Ruben Torres maintains that AO 308 was issued within the executive and administrative powers of the President.

HELD: AO 308 is unconstitutional. It does not merely implement the Adm. Code of 1987. It deals with a subject that should be covered by law (National ID System). Under said AO, citizen cannot transact business with government agencies delivering basic services without the contemplated ID. No citizen will refuse to get this ID for no one can avoid dealing with government.

SEPARATION OF POWERS

RULELEGISLATURE enactment of laws and may not enforce or apply them

EXECUTIVE enforcement of laws and may not enact or apply them

JUDICIARY application of laws and may not enact or enforce them

BASIS1. Feature of republicanism2. Actual distribution of powers

PURPOSEPrevent concentration of powers

INTER-DEPENDENCEPursuit of common objectives

NON-DELEGATION OF POWERS

RULEPotestas delegata non delegari potest

BASISSuch delegated power constitutes not only a right but a duty to be performed by the delegate through the instrumentality of his own judgment and not through the intervening mind of another

VIOLATIONFurther delegation constitutes negation of duty

KMU vs. Garcia239 scra 386FACTS: LTFRB issued Circular allowing provincial bus operators to increase or decrease prescribed fare without first having filed petition for the purpose and without benefit of public hearing. By virtue thereof, PBOAP announced fare increase. KMU opposed the move and assailed the Circular as unconstitutional.

HELD: Congress delegated to LTFRB the power of fixing rates of public services under EO 202. Nowhere under said law is LTFRB authorized to delegate that power to transport operators. The authority given by LTFRB to provincial bus operators to set fare range is tantamount to an undue delegation of legislative authority.

PERMISSIBLE DELEGATION

Delegation of tariff powers to the PresidentSec 28(2) Art VI: Congress may by law authorize the President to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts

Delegation of emergency powers to the PresidentSec 23(2) Art VI: In times of war or other national emergency, Congress may by law authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy.

Delegation to the people at largeSec 2 Art XVII: Amendments to this Constitution may likewise be directly proposed by the people through initiative upon a petition of at least twelve per centum of the total number of registered voters

Delegation to local governmentsSec 3 Art X: Congress shall enact a local government code which shall provide for a more responsive and accountable local government structure instituted through a system of decentralization

Delegation to administrative bodiesBy legislative act authorizing it to promulgate rules and regulations ORBy implication adopt rules and regulations deemed necessary to the efficient exercise of the powers expressly granted

3 ISSUES ON VALIDITY OF RULE-MAKING

PERMISSIBILITY OF DELEGATIONIs there a:

Grant of authority by the legislature to administrative bodies to issue rules and regulations

VALIDITY OF DELEGATIONDoes it meet the two requisites of:

1. Completeness test2. Sufficient standard test

VALIDITY OF EXERCISEDoes it conform with:

1. What the statute provides2. Whether the same is reasonable

TESTS OF DELEGATION

1. COMPLETENESS TESTStatute is complete in all its essential terms and conditions when it leaves legislature so that there will be nothing left for delegate to do when it reaches him except to enforce it

US vs. Ang Tang Ho43 Phil 1FACTS: Act authorized Governor-General to promulgate rules whenever, for any cause, conditions arise, resulting in extraordinary rise in price of palay, rice or corn. He issued an EO fixing price of rice. Ang Tang Ho was charged for selling rice price greater than that fixed by EO.

HELD: Legislature did not specify under what conditions the rules may be issued and did not define what constitutes extraordinary increase in price of cereals. Promulgation of rules is left to sole discretion of Governor-General. Law is thus incomplete as legislation.

TESTS OF DELEGATION

2. SUFFICIENT STANDARD TESTStatute fixes a standard, mapping out the boundaries of the delegates authority by defining the legislative policy and indication the circumstances under which it is to be pursued and effected.

Ynot vs. IAC148 scra 659FACTS: Restituto Ynot transported 6 carabaos from Masbate to Iloilo in violation of EO 626-A which prohibits interprovincial transportation of carabao and carabeef. EO provides further that such carabao transported shall be confiscated and distributed to deserving farmers as the Director of Animal Industry may see fit; and carabeef distributed to charitable institutions as the Chair of NMIC may see fit.

HELD: EO 626-A is unconstitutional. One searches in vain for the usual standard and the reasonable guideline, or better still, the limitations that said officers must observe when they make their distribution. There is none.

ADMINISTRATIVE RULES AND REGULATIONS

Rule-making power (power of subordinate legislation)Power given to administrative agencies to issue or promulgate rules and regulations necessary to carry out its functions

Rules and regulationsThose issued by administrative or executive officers in accordance with and as authorized by law

RationaleAdministrative bodies have opportunity and competence

NecessityIn order to adapt to the increasing complexity of modern life and variety of public function

Nature of grantRelaxation of separation of powers

KINDS OF RULE-MAKING POWERS

SUPPLEMENTARY (particular delegation of authority)Administrative bodies may implement broad policies laid down in statute by filling-in details which Congress may not have opportunity or competence to provide.

INTERPRETATIVE (interpretation of statute being administered)Power of administrative agencies to interpret and construe the statutes entrusted to them for implementation

CONTINGENT Congress may provide that law shall take effect upon happening of future specified contingencies leaving to some other entity the power to determine when the specified contingency has arisen.

LIMITATIONS ON RULE-MAKING POWER

1. Not inconsistent with the constitutionConstitutional provisions control what rules and regulations may be promulgated by administrative bodies

DAR vs. SuttonGR No. 162070Oct. 19, 2005FACTS: AO9 issued by DAR in 1993 sought to regulate livestock farms by including them in the coverage of agrarian reform and prescribing a maximum retention limit for their ownership. However deliberations of 1987 Constitutional Commission show clear intent to exclude all lands exclusively devoted to livestock, swine and poultry-raising.

HELD: AO contravenes the Constitution. DAR has no power to regulate livestock farms which have been exempted by the Constitution from the coverage of agrarian reform. The fundamental rule in administrative law is that, to be valid, administrative rules and regulations must be issued by authority of a law and must not contravene the provisions of the Constitution.

LIMITATIONS ON RULE-MAKING POWER

2. Not inconsistent with statuteStatutory provisions control what rules and regulations may be promulgated by administrative bodies

Solicitor-General vs. MMA204 scra 837FACTS

HELD: PD 1605 (Act Granting MMC powers related to traffic management and control in Metro Manila) does not allow either removal of license plates or confiscation of drivers licenses for traffic violations. Ordinance No. 11 imposes sanctions PD does not allow and actually prohibits. It violates and in effect partially repeals the law. Thus, said Ordinance is null and void.

LIMITATIONS ON RULE-MAKING POWER

3. Cannot amend an act of congressMay not amend, alter, modify, supplant, enlarge or expand, restrict or limit the provisions or coverage of the statute

Boie-Takeda Chemicals vs. De la Serna228 scra 329FACTS

HELD: In including commissions in the computation of 13th month pay, DOLE unduly expanded the concept of basic salary as defined in PD 851. It is a fundamental rule that implementing rules cannot add or detract from the provisions of the law it is designed to implement.

LIMITATIONS ON RULE-MAKING POWER

4. Cannot exceed provisions of basic lawThey must be within the scope and purview of the statutory authority granted by the legislature

United BFHA vs. BF Homes310 scra 304FACTS

HELD: Under PD 902-A, insofar as the associations franchise or corporate is involved, it is only the state, not the general public or other entity that could question this.

LIMITATIONS ON RULE-MAKING POWER

5. Reasonable, and not unfair or discriminatoryThey must not act arbitrarily and capriciously in the promulgation of rules and regulations; and the rules and regulations issued must be reasonably adopted to secure the end in view.

Lupangco vs. CA160 scra 848FACTS

HELD: Resolution 105 is not only unreasonable and arbitrary, it also infringes on the examinees right to liberty. PRC has no authority to dictate on the reviewees as to how they should prepare themselves for the examinations.

REQUIREMENTS FOR A VALID ORDINANCE

1. Must not contravene the Constitution or statute

Magtajas vs. Pryce Properties234 scra 255FACTS:

HELD: Ordinances contravene PD 1869, which authorized casino gambling, as they prevent PAGCOR from exercising the power conferred on it to operate casino. PD 1869 has status of statute that cannot be amended or nullified by mere ordinance.

Lagcao vs. Labra

FACTS

HELD: Ordinance is repugnant to the pertinent provisions of the Constitution, RA 7279 and RA 7160. City did not comply strictly with RA 7279 (local expropriation of property for urban land reform and housing). There was no attempt to first acquire the lands listed in section 9 (a to e). Likewise, City faileld to exhaust other modes of acquisition in sec 10 thereof. Moreover, there was no evidence of definite offer to buy the property as required by Sec19 of RA7160.

REQUIREMENTS FOR A VALID ORDINANCE

2. Must not be unfair or oppressive

Lucena Grand Terminal vs. JAC Liner452 scra 174FACTS

HELD: Proscription against existence of all terminals apart from that franchised to LGCT cannot be considered reasonably necessary to solve traffic problem. Additionally, since compulsory use of the terminal would subject users thereof to fees, such measure is unduly oppressive.

REQUIREMENTS FOR A VALID ORDINANCE

3. Not prohibit but may regulate trade

Dela Cruz vs. ParasGR No. L-42571-72July 25, 1983FACTS: Vicente De La Cruz, et. al. were night club operators. They assail the constitutionality of Ordinance 84 (Prohibition and Closure Ordinance of Bocaue, Bulacan) on the ground that it violates their right to engage in lawful business. Trial Court ruled that the prohibition is a valid exercise of police power to promote general welfare. De la Cruz then appealed citing that they were deprived of due process.

HELD: If night clubs were merely regulated and not prohibited, certainly the assailed ordinance would pass the test of validity. The objective of fostering public morals, a worthy and desirable end can be attained by a measure that does not encompass too wide a field. The purpose sought to be achieved could have been attained by reasonable restrictions rather than by an absolute prohibition. Ordinance of the Municipality of Bocaue is declared void and unconstitutional.

REQUIREMENTS FOR A VALID ORDINANCE

4. Not unreasonable

5. Not be partial or discriminatory

6. Must be general and consistent with public policy

E. VALIDITY OF STATUTE

PRESUMPTION OF CONSTITUTIONALITYEvery statute is presumed valid.Reason: How a law is enacted.It is but a decent respect due to the wisdom, integrity and the patriotism of the legislature, by which the law is passed, and the Chief Executive, by whom the law is approved, to presume of its constitutionality.

To declare a law unconstitutional, the repugnancy of the law to the Constitution must be clear and unequivocal. (not a doubtful and argumentative implication)

All reasonable doubts should be resolved in favor of the constitutionality of law. To doubt is to sustain.

The final authority to declare a law unconstitutional is the Supreme Court en banc by the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon.

REQUISITES FOR EXERCISE OF JUDICIAL POWERa. The existence of an appropriate caseb. An interest personal and substantial by the party raising the constitutional questionc. The plea that the function be exercised at the earliest opportunityd. The necessity that the constitutional question be passed upon in order to decide the case

APPROPRIATE CASE Must be a bonafide case, one in which it raises a justiciable controversy Judicial power is limited only to real, actual, earnest, and vital controversy A controversy is justiciable if it refers to a matter which is appropriate for court review Court hesitates to rule on political questions (concerned with the issues dependent upon the wisdom, not legality, of a particular act/measure being assailed)

Constitution expands the concept of judicial review by providing:SECTION 1 OF ARTICLE 8THE JUDICIAL POWER SHALL BE VESTED IN ONE SUPREME COURT AND IN SUCH LOWER COURTS AS MAY BE ESTABLISHED BY LAW.JUDICIAL POWER INCLUDES THE DUTY OF THE COURTS OF JUSTICE TO SETTLE ACTUAL CONTROVERSIES INVOLVING RIGHTS WHICH ARE LEGALLY DEMANDABLE AND ENFORCEABLE, AND TO DETERMINE WHETHER OR NOT THERE HAS BEEN A GRAVE ABUSE OF DISCRETION AMOUNTING TO LACK OR EXCESS OF JURISDICTION ON THE PART OF ANY BRANCH OR INSTRUMENTALITY OF THE GOVERNMENT.

The question must be RIPE for adjudication. It is a prerequisite that something had by then been accomplished or performed by either branch before a court may come into the picture It is ripe for adjudication when the governmental act being challenged has had a direct adverse effect on the individual challenging it.

STANDING TO SUE Legal standing or locus standi A personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged

Interest means a material interest, an interest in issue affected by the decree

CITIZENa. If he can establish that he has suffered some actual or threatened injury as a result of the allegedly illegal conduct of governmentb. The injury is fairly traceable to the challenged actionc. The injury is likely to be redressed by a favorable action

TAXPAYERa. When public funds have been illegally disbursed (illegal expenditure of money)b. That he will sustain a direct injury as a result of the enforcement of the questioned statute. Based on the theory that the expenditure of public funds by an offices of the state for the purpose of administering an unconstitutional act constitutes a misapplication of such funds

LEGISLATOR Allowed to sue to question the validity of any official action which he claims infringes his prerogatives as a legislator

The Supreme Court may, in its discretion, take cognizance of a suit which does not satisfy the requirements of legal standing. In a few cases, the Court has adopted a liberal attitude on the locus standi. The Court may brush aside technicalities of procedure when the issues raised are of paramount importance (transcendental significance) to the public.

WHEN TO RAISE CONSTITUTIONALITYThe question of constitutionality must be raised at the earliest opportunity, so that if not raised by the pleadings, ordinarily it may not be raised in the trial court, and if not raised in the trial court, it will not be considered on appeal.Exception:a. The question may be raised in a motion for reconsideration or new trial in the lower court, where the statute to be invalidated was not existing when the complaint was filed/during the trial.b. Criminal case any stage of the proceedings or on appealc. Civil cases where it appears clearly that a determination of the question is necessary to a decision and in cases where it involves the jurisdiction of the court below

Constitutional questions will not be entertained by courts unless they are specifically raised, insisted upon, and adequately argued.

NECESSITY OF DECIDING CONSTITUTIONALITY-the court will not pass upon the validity of a statute if it can decide the case on some other grounds-it will leave the constitutional question for consideration until an appropriate case arises in which a decision upon such question is unavoidable-if the only issue is a constitutional question which is unavoidable, the court should confront the question and decide the case on the merits-where the constitutional question is of paramount public interest and time is of essence in the resolution of such question, adherence to the strict procedural standard may be relaxed and the court, in its discretion, may squarely decide the case-where the question of validity, though apparently has become moot, has become of paramount public interest and there is undeniable necessity for a ruling, strong reasons of public policy may demand that its constitutionality be resolved

TEST OF CONSTITUTIONALITY-is what the Constitution provides in relation to what can or may be done under the statute, and not by what it has been done under it-may be declared unconstitutional:a.it is not within the legislative power to enactb. it creates or establishes methods or forms that infringe constitutional principlesc. its purpose or effect violates the Constitution or its basic principlesd. when it allows something to be done which the fundamental law condemns or prohibitse. when it attempts to validate a course of conduct the effect of which the Constitution specifically forbidsf. it is vague* it lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ in its applicationg. when the emergency has passed or there have been changes in circumstances and conditions

Statute is repugnant in two respects:a. It violates due process for failure to accord the people fair notice of what conduct to avoidb. It leaves law enforcers unbridles discretion in carrying out its provisions and becomes an arbitrary flexing of the government muscle

For ordinances, tests of validity:a. Must not contravene the Constitution or any statuteb. Must not be oppressive or unfairc. Must not be partial or discriminatoryd. Must not prohibit but may regulate tradee. Must not be unreasonablef. Must be general and consistent with public policy

EFFECTS OF CONSTITUTIONALITYGeneral rule: orthodox viewTwo views:a. Orthodox view: Not a law confers no rights imposes no duties affords no protection creates no office inoperative as though it had never been passedARTICLE 7 OF CIVIL CODEWHEN THE COURTS DECLARE A LAW TO BE INCONSISTENT WITH CONSTITUTION, THE FORMER SHALL BE VOID AND THE LATTER SHALL GOVERN. x x x.b. Modern view Less stringent Does not annul or repeal the statute if it finds it in conflict with the Constitution It simply refuses to recognize it The decision affects the parties only and there is no judgment against the statute

INVALIDITY DUE TO CHANGE OF CONDITIONS General rule as to the effects: not applicable to a statute that is declared invalid because of the change of circumstances affecting its validity Deemed valid at the time of its enactment as an exercise of police power Becomes invalid only because the change of conditions makes its continued operation violative of the Constitution and the declaration of its nullity should affect only the parties involved in the case and its effect applied prospectively

PARTIAL INVALIDITYGeneral rule: where part of a statute is void as repugnant to the Constitution, while another part is valid, the valid portion, if separable from the invalid, may stand and be enforced.Exception: when the parts of a statute are so mutually dependent and connected, as conditions, considerations, inducements, or compensations for each other, as to warrant a belief that the legislature intended them as a whole, the nullity of one part will vitiate the rest.

VALIDITY OF STATUTES

PRESUMPTIONEvery statute enjoys presumption of validity

REASONLegislature has decided law to be constitutional

President convinced of the validity of the law

POWER TO DECLAREArt VIII, Sec 4(2) All cases involving the constitutionality of a law, which shall be heard by the Supreme Court en banc, shall be decided with the concurrence of a majority of the Members who actually took part in the deliberations on the issues in the case and acted thereon.

REQUISITES OF JUDICIAL INQUIRY

There must be an actual case or controversyInvolves opposing legal claims capable of judicial resolution

The question of constitutionality must be raised by the proper party (locus standi)One who has sustained or is in danger of sustaining an injury as a result of the act complained of.

The constitutional question must be raised at the earliest possible opportunityConstitutional question must be raised at the first possible instance

The decision of the constitutional question must be necessary to the determination of the case itself (lis mota cause of the suitIf case can be decided on other grounds, courts will refrain from ruling on constitutionality.

ACTUAL CASE

JUSTICIABLE CONTROVERSYInvolving a conflict of legal rights, an assertion of opposite legal claimssusceptible of judiciable resolutionon the basis of existing law and jurisprudence

POLITICAL QUESTIONConcerned with issues dependent upon wisdom, not legality, of an act or measure being assailed

JUDICIAL POWERLimited to actual controversiesInvolving rights which areLegally demandable and enforceable

EXPANDED JURISDICTIONArt VIII, Sec 1, 1987 Constitution and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part on any branch or instrumentality of the government.

PROPER PARTY

LEGAL STANDINGPersonal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged.

TAXPAYERS SUITProper when public funds are:a. Illegally disbursedb. Depleted to improper purposec. Wasted through invalid or unconstitutional law

MEMBER OF CONGRESSMay question validity of:a. Presidential vetob. Condition imposed in appropriations bill c. AO as an usurpation of legislative power

EXCEPTIONSa. Over-breadth doctrineb. Third-party standingc. Transcendental significance

PROPER PARTY

CASE 1

IBP vs. ZAMORA338 scra 81FACTS: Pres. Joseph Estrada, invoking his Commander-in-Chief powers, directed the deployment of Marines to assist PNP in suppressing lawless violence. IBP, asserting itself as bound with the duty to uphold the rule of law and the Constitution, filed petition to declare such move unconstitutional, arguing that no emergency situation obtains in Manila as would justify deployment of soldiers for law enforcement. OSG contends that IBP has no legal standing.

HELD: Mere invocation by IBP of its duty to preserve rule of law and nothing more, while true, is not sufficient to clothe it with standing in this case. This is too general an interest which is shared by other groups and the whole citizenry.

CASE 2

Oposa vs. FactoranGR No. 101083July 30, 1993FACTS: Class suit was filed against DENR Sec. Fulgencio Factoran, Jr. by 44 minors joined by their parents led by the spouses Antonio and Rizalina Oposa, for themselves as well as for generations yet unborn to stop issuance of Timber License Agreements (TLA) and cancel those already issued to stop deforestation.

HELD: The children had legal standing based on the concept of intergenerational responsibility. Their right to healthy environment carried with it obligation to preserve that environment for succeeding generations. The children have legal standing to sue on behalf of future generations.

CASE 3

Cuyegkeng vs. CruzGR No. L-16263July 26, 1960FACTS: Dr. Jose Cuyegkeng, et. al. filed quo warranto proceedings alleging that their names appear in a list submitted to the President by PMA for appointment as members of the Board of Medical Examiners, and that Dr. Pedro Cruz whom the President appointed to said board was not in the said list. They contend that pursuant to Medical Act of 1999, President cannot appoint to said position any person not included in the list submitted by PMA.

HELD: Cuyegkeng, et. al. had not made a claim to the position held by Cruz and therefore could not be regarded as a proper party who had sustained an injury as a result of the questioned act.

CASE 4

Kilosbayan vs. MoratoGR No. 118910July 17, 1995

FACTS: PCSO signed an Equipment Lease Agreement (ELA) for on-line lottery. Kilosbayan seeks to declare the agreement invalid on the ground that it is substantially the same as the ELA entered into by PCSO which was nullified earlier by the Court.

HELD: Not being parties to the contract of lease which it seek to nullify, Kilosbayan has no personal and substantial interest likely to be injured by the enforcement of the contract. It has neither standing to bring this suit nor substantial interest to make it real party in interest.

EARLIEST OPPORTUNITY

GENERAL RULEIf not raised in pleadings cannot be considered at trial

If not considered at trial cannot be considered on appeal

EXCEPTIONCriminal cases at any time in the discretion of the court

Civil cases at any stage if necessary to the determination of the case itself

Every case at any stage if it involves jurisdiction of the court, except where there is estoppel.

EARLIEST OPPORTUNITY

TIJAM VS. SIBONGHANOY33 scra 29

FACTS: Serafin Tijam erroneously filed with CFI a claim of P1908.00 against Magdaleno Sibonghanoy, which under Judiciary Act of 1948 falls within the jurisdiction of inferior court. CFI ruled in favor of plaintiff. On appeal, CA also ruled for plaintiff. Defendant moved to dismiss case for lack of jurisdiction for the first time after lapse of almost 15 years.

HELD: Defendant is barred by laches, which is failure or neglect, for an unreasonable and unexplained length of time, to do that which by exercising due diligence, could or should have been done earlier. After voluntarily submitting cause and encountering adverse decision on the merits, it is too late for loser to question jurisdiction of the court.

NECESSITY OF DECIDING CONSTITUTIONAL QUESTION

GENERAL RULECourts generally:a. Avoid deciding on a constitutional questionb. Indulge on presumption of constitutionalityc. Decide case on other available grounds

REASONPrinciple of separation of powers:In deference to acts of co-equal branches

NECESSITY OF DECIDING CONSTITUTIONAL QUESTION

Zandueta vs. De la Costa

Judge Francisco Zandueta of CFI-Manila was issued a new ad interim appointment of the Fourth Judicial District, with authority to preside over CFI-Manila and CFI-Palawan pursuant to Judicial Reorganization Law (CA 145). He accepted said appointment, and entered into the performance of his duties. However, the Commission on Appointments disapproved his ad interim appointment. The president appointed Sixto de la Costa in his stead and his appointment was approved by the Commission on Appointments. Zandueta now questions the constitutionality of CA 145 because it violated security of tenure.

HELD: Having arrived at the conclusion that Zandueta is estopped by his own act from questioning the constitutionality of CA 145, this court deems it unnecessary to decide the question of constitutionality of the questioned law.

Ocampo vs. Sec of JusticeGR No. L-7918Jan 18, 1955FACTS: RA 1186, passed in 1955, abolished the positions of judges-at-large and cadastral judges as provided for in Sec. 53 of the Judiciary Act of 1948. Petitioners, four judges-at-large and six cadastral judges, found themselves without office to preside over as a result of the law. Thus, they assailed the law as unconstitutional on the ground that it violated judicial security of tenure.

HELD: Estoppel could not be applied to petitioners because they had not accepted new positions created by the law after it had legislated them out of their former courts. SC held that the main objective of RA 1186 was to do away with the system of rigodon de juezes.

EFFECT OF UNCONSTITUTIONAL STATUTE

ORTHODOX VIEWMODERN VIEW

STATUSTotal nullityDeemed inexistent

COURT ACTIONStricken from statute booksDoes not annul or repeal the statute and the court simply ignores it

LEGAL EFFECTConfers no rightsImposes no dutiesAffords no protectionCreates no officeExistence of statute prior to its unconstitutionality is an operative act and has consequences which could not justly be ignored.

BINDING EFFECTAll persons are bound.Affects the parties only

CASENorton vs. Shelby118 US 425Manila Motors vs. Flores99 Phil 738

EFFECT OF UNCONSTITUTIONAL STATUTE

CASE 1

Norton v. Shelby118 US 425FACTS: Board of Commissioners of Shelby County was created under Act of 1867, which was subsequently declared unconstitutional. Prior to said declaration, Board had subscribed in stocks of Railroad Co and had issued bonds in payment therefor. Suit was brought to enforce payment of bonds. Defendant contends subscription and issuance of bonds were made without authority.

HELD: Board had no lawful existence; that their acts were void. An unconstitutional act is not a law; it confers no rights, imposes no duties, affords no protection; it creates no office; it is in legal contemplation inoperative as though it had never been passed.

CASE 2

Manila Motors v. Flores99Phil 738FACTS: In 1954, Manila Motors filed collection case against Manuel Flores for unpaid chattel mortgage instalments which fell due in 1941. Flores pleaded prescription. Manila Motors argues that Moratorium Laws, which were in operation 3 years and 8 months, had suspended prescription. Flores averred that moratorium laws had been declared unconstitutional and therefore it is inoperative.

HELD: Although the general rule is that an unconstitutional statute confers no right, create no office, affords no protection and justifies no acts performed under it, there are several instances wherein courts, out of equity, have relaxed its operation or qualified its effects since the actual existence of statute prior to such declaration is an operative fact, and may have consequences which cannot be justly ignored.

CASE 3

Fernandez v. Cuerva21 scra 195FACTS: Federico Fernandez was employed by P. Cuerva & Co. After his separation from service, he filed a claim before Regional Office (RO) of DOL for unpaid salaries, commissions, and separation pay pursuant to Sec 25 of Reorganization Plan 20-A, which vests on RO jurisdiction over these money claims. RO dismissed claim on the ground on June 30, 1961 in Corominas v Labor of Standards Commission Sec 25 was declared unconstitutional. On Dec 17, 1962, Fernandez instituted similar complaint with CFI, which dismissed the case holding that action was already barred under Sec 17 of Minimum Wage Law (RA 602 April 1951) since it was not brought within 3 years from the time right of action accrued.

HELD: From Oct 1959 when he was separated from service up to July 26, 1960 when he filed claim with RO only 8 months had elapsed, and that since July 26, 1960 until filing of complaint in CFI on Dec 17, 1962 running of prescriptive period was deemed interrupted, it is clear that action to enforce claim was not yet barred. Only about 9 months of the 3 year period may be considered as having elapsed when he commenced his action in CFI.