II. Statutes law, mandatory rules prevail.

Laws concerning relationships

between individuals belong to private law.
1) What is Statute - Consist of constitutional, administrative, criminal and international
law, concerned with the organization of the State, the relations
A Statue means any Law, Act, Enactment. The Parliament is given authority of between the people and the state, the responsibilities of public
Lawmaking. According to Blacks Dictionary, "A Statute is a formal written officers to the state, and the relations of states with one another.
enactment of Legislative authority that governs a country, state, city or county. In
b. Private Statutes - Private law is that part of a civil law legal system
Simple words, it is the Law, Enactment, Act.
which is part of the jus commune that involves relationships between
According to Gray, The process by which a Judge (or indeed any person, lawyer individuals, such as the law of contracts or torts (as it is called in the
or layman who has occasion to search for the meaning of a statute) constructs from the common law), and the law of obligations (as it is called in civil legal
words of Statute book a meaning which he either believes to be that of a legislature or systems). It is to be distinguished from public law, which deals with
which he proposes to attribute to it, is called interpretation. relationships between both natural and artificial persons (i.e.,
organizations) and the state, including regulatory statutes, penal law
According to Subba Rao J. "Interpretation is the method by which the true sense and other law that affects the public order. In general terms, private
or the meaning of the word is understood." (The State of Jammu and Kashmir V. law involves interactions between private individuals, whereas
Thakur Ganga Singh, 1960 2SCR 346) public law involves interrelations between the state and the general
population.
Are those which defines, regulates, enforces, and administers
A. Kinds of Statutes
1. As to Scope of Application: relationships among individuals, associations and corporations.
a. General - General statute is a statute pertaining to an entire community or all
persons generally. It is a statute having a uniform operation, that is a statute
operating equally or alike upon all persons, entities, or subjects within the 3. As to Effect (In Time):
relations, conditions, and circumstances prescribed by the law, or affected by a. Prospective - are those which applies only to acts or omissions
the conditions to be remedied. General statute is also termed as public statute. committed after its enactment.
b. Special - an act of the legislature which has reference to a particular person, b. Retroactive - are those which look backwards or contemplates the
place, or interest; a private law; - in distinction from a general law or public past. Laws which are made to affect acts or facts occurring, or rights
law. occurring, before it came into force.
c. Local - a law that is passed by the county or a city legislative body that
The prospectivity and retroactivity of laws are important concepts in the operation
applies to the area if authority.
of law.
2. As to Interested Parties: A thing is prospective if it is expected to happen in the future. Meanwhile, a thing
a. Public Statutes - Public law is that part of law which governs is retroactive if it takes effect from a date in the past.
relationships between individuals and the government, and those Now, let us look at what the law says about prospectivity and retroactivity.
relationships between individuals which are of direct concern to “Laws shall have no retroactive effect, unless the contrary is provided.”Art. 4, Civil
society. Public law comprises constitutional law, administrative law, Code.
tax law and criminal law, as well as all procedural law. In public
Thus, a law is prospective at all times. Laws always take effect after they have 5. As to Coercive Force Applied: (Mandatory and Directory)
been enacted and published. A law may only be retroactive if such retroactive effect is Mandatory Statute – is a statute which commands either positively that something
expressly provided for in the law. be done or performed in a particular way, or negatively that something be not done,
Example: leaving the person concerned no choice on the matter except to obey. It contains words
Law A provides that it shall take effect after 15 days following its publication on Aug. of command or of prohibition.
5, 2010. The law takes effect on Aug. 20, 2010 and will continue to take effect
thereafter until it is repealed or struck down. Law A is prospective. SCR: Where a statute is mandatory, the court has no power to distinguish
Law B provides that it shall take effect after 20 days following its publication on Dec. between material and immaterial breach thereof or omission to comply with what
3, 2012, and that it shall have retroactive effect. The law takes effect on Dec. 23, 2012 it requires. What the law decrees must be obeyed against pain of sanction or
and will continue to take effect thereafter, but the law shall also be applied to things declaration of nullity of what is done in disregard of. (Sarina vs. CFI-Bukidnon, 24
and events that have happened in the past—prior to Dec. 23, 2012. Law B is both SCRA 715)
prospective and retroactive, but its retroactivity only comes into operation upon the
effectivity of the law itself, which is Dec. 23, 2012. Uses: shall, must, ought, should; prohibitions such as cannot, shall not, ought not
There are other exceptions to the rule that laws shall have no retroactive effect. The
following laws have retroactive effect even if retroactivity is not expressly provided 1. Statutes conferring power – statutes which confer upon a public body or
for in the law. office of power to perform acts which concern the public interests or rights of
1. When the law is a penal statute and that it favors the accused who is not a individuals, are generally regarded as mandatory although the language used
habitual criminal, even though at the time of the law’s enactment, final sentence is permissive only since such statutes are construed as imposing rather than
has already been rendered. (See Art. 22, Revised Penal Code.) conferring privileges. The intent of the legislature was not to devolve a mere
2. When the law is procedural and that it does not affect or change vested rights. discretion, but to impose a positive and absolute duty which can be enforced.
3. When the law creates new substantive rights.
4. When the law’s purpose is to cure defects in judicial or administrative 2. Statutes granting benefits – which require certain steps to be taken or
proceedings. certain conditions to be met before persons concerned can avail of the
5. When the law’s purpose is to interpret other laws. benefits conferred by law are mandatory.
The reason for the rule that laws shall have no retroactive effect is the tendency of
retroactive laws to be unjust and oppressive. They may infringe upon vested rights or  vigilantibus et non dormientebus jura subvenit – the laws aid the
disrupt the legal effect of transactions prior to the enactment of the law. vigilant, not those who slumber on their rights.
 Potior est in tempore, potior est in jure – he who is first in time is
4. As to Purpose: preferred.
a. Remedial - A law enacted for the purpose of correcting a defect in a
prior law, or in order to provide a remedy where none previously 3. Statutes prescribing jurisdictional requirements – the general rule is that
existed. statutory requirements by which courts or tribunals acquire jurisdiction to
b. Penal - statute that defines a criminal offense and prescribes its hear and decide particular actions must be strictly complied with before the
corresponding fine, penalty, or punishment. It is a statute that calls courts or tribunals can have authority to proceed.
for a penalty as opposed to one providing for a remedy for a
wronged party. 4. Statutes prescribing time to take action or to appeal – have been held as
c. Curative – a statute passed to correct a defect in a previously enacted absolutely indispensible to the prevention of needless delays and to the
law. orderly and speedy discharge of business, and are necessary incident to the
proper, efficient, and orderly discharge of judicial functions.
 9. Statutes relating to assessment of taxes – It is a general rule that the
 reipublicae ut sit finis litium – public interest requires that by very provisions of the statute relating to assessment of taxes, which are intended
nature there must be an end to a legal controversy for the security of the citizens, or to insure the equality of taxation, or for
 motu proprio – on motion of the plaintiff certainty as to the nature and amount of each other’s tax, are mandatory; but
5. Statutes prescribing procedural requirements – A statute which requires a those designed merely for the information or direction of officers to secure
court to exercise its jurisdiction in a particular manner, follow a particular methodological and systematic modes of proceeding are merely directory.
procedure, or subject to certain limitations, is mandatory, and an act beyond
those limits is void as in excess of jurisdiction.
SCR: When the laws are intended for the protection of the citizens and to prevent
SCR: Where failure to comply with certain procedural requirements will have a sacrifice of their property, and a disregard of which their rights might be, and
the effect of rendering the act done in connection therewith void, the statute generally would be, injuriously affected, they are not directory but mandatory.
prescribing such requirement is regarded as mandatory, even though the
10. Statutes concerning public auction sale – The prescribed steps must be
language used therein is permissive in nature.
followed strictly; otherwise, the sale at public auction shall be void.
6. Election laws on conduct of election – The provision of election laws
governing the conduct of elections and prescribing the steps election official Directory Statutes – a statute which is permissive or discretionary in nature and
are required to do in connection therewith are mandatory before the elections; merely outlines the act to be done in such a way that no injury can result from ignoring
it or that its purpose can be accomplished in a manner other than that prescribed and
however when it is sought to enforce them after the elections, they are held to
be directory only, if that is possible, especially where, if they are held to be substantially the same result obtained.
mandatory, innocent voters will be deprived of their votes without any fault
on their part. Uses: may

7. Election laws on qualification and disqualification – mandatory before but 1. Statutes prescribing guidance for officers – designed to secure order,
system and dispatch in proceedings, and by a disregard of which the rights of
not after the election applies only to those which are procedural in nature
affecting the conduct of elections as well as to those which direct or require the parties interested may not be injuriously affected. Not usually regarded as
election officials to do or perform acts to preserve the sanctity of the ballot. mandatory unless accompanied by negative words importing that the acts
Rule does not apply to provisions of election laws prescribing the time limit required shall not be done in any manner or time than that designated.
to file certificates of candidacy and qualifications & disqualifications to
elective office. 2. Statutes prescribing manner of judicial action – As a rule, are merely
directory. Procedure is secondary importance to substantive right, and the
non-observance of such procedure should never be permitted to affect
SCR: Where a candidate is, by law, disqualified, the circumstance that he
substantive right, unless the intention of the legislature is clearly expressed.
received the highest number of votes does not qualify him for the office, nor does
it validate his election.
3. Statutes requiring rendition of decision within prescribed period
8. Statutes prescribing qualifications for office – if a person is not qualified at
the time he assumed office, or if he loses such eligibility or qualifications SCR: Where a statute specifies the time at or within which an act is to be
during the continuance of his incumbency, he may be ousted from office. done by a public officer or body, it is generally held to be directory only
as to the time, and not mandatory unless time is of the essence of the
thing to be done, or the language of the statute contains negative words,
 or shows that the designation of the time was intended as a limitation of The repeal of a law differs from the amendment thereof, because the amendment of a
power, authority or right. law involves making a change in a law that already exists, leaving a portion of the
original still standing. When a law is repealed, however, it is completely abrogated.

6. As to Period of effectivity: d. Re-enacted – Bring a law into effect again when the original statue has been
a. Permanent Statutes: repealed or has expired.
 A statute in which there is no specified period of its applicability is
mentioned.
Parts of a Statute
 It is perpetual for all the times to come.
 It can only expires on either express or implied repeal by the legislature. 1. Title -- The title of the statute is the heading on the preliminary part, furnishing
b. Temporary Statutes: the name by which the act is individually known.
 A statute which has been enacted for a specified time. It expires on the lapse 2. Preamble -- That part of the statute explaining the reasons for its enactment
of the period so specified unless repealed earlier. and the objects sought to be accomplished.
3. Enacting Clause -- That part of the statute which declares its enactment and
7. As to Stage of Enactment: serves to identify it is an act of legislation proceeding from the proper
a. Original legislative authority.
4. Body -- The main and operative part of the statute containing its substantive
b. Amendatory (tending to correct: corrective, emendatory, reformative, remedial) – and even procedural provisions. Provisos and exemptions may also be found
in the body of the statute.
c. Repealing - Repeal means to revoke, abrogate or cancel particularly a statute. Any 5. Repealing Clause -- That part of the statute which announces the prior statutes
statute may repeal any Act in whole or in part, either expressly or impliedly by or specific provisions which have been abrogated by reason of the new law.
enacting matter contrary to and inconsistent with the prior legislation. Thus a statute 6. Saving Clause -- a restriction in a repealing act, which is intended to save
frequently states that certain prior statutory provisions are thereby repealed. The courts rights, pending proceedings, penalties, etc., from the annihilation which would
will treat matter as repealed by implication only if the earlier and later statutory result from an unrestricted repeal.
provisions are clearly inconsistent. When a repealing provision is itself repealed, this 7. Separability Clause -- That part of the statute which provides that in the event
does not revive any provision previously repealed by it, unless intent to revive is that one or more provisions are declared void or unconstitutional, the
apparent… remaining provisions shall still be in force and effect.
8. Effectivity Clause -- That part of the Statute which announces the effective
REPEAL: date of the law.

The Annulment or abrogation of a previously existing statute by the enactment of a

later law that revokes the former law.
B. How statutes are enacted: (official gazette)
The revocation of the law can either be done through an express repeal, whereby a
statute specifically indicates that the former law shall be revoked and abrogated, or
Legislative process
through an implied repeal, which arises when the later statute contains provisions that
are so contrary or irreconcilable with those of the prior law that only one can remain in
force. Congress is responsible for making enabling laws to make sure the spirit of the
constitution is upheld in the country and, at times, amend or change the constitution
itself. In order to craft laws, the legislative body comes out with two main documents: First Reading
bills and resolutions.
Its title, bill number, and author’s name are read on the floor, after which it is
Resolutions convey principles and sentiments of the Senate or the House of referred to the proper committee.
Representatives. These resolutions can further be divided into three different elements:
Committee Hearings/Report
 joint resolutions — require the approval of both chambers of Congress and the
signature of the President, and have the force and effect of a law if approved. Committee conducts hearings and consultation meetings. It then either approves the
 concurrent resolutions — used for matters affecting the operations of both proposed bill without an amendment, approves it with changes, or recommends
chambers of Congress and must be approved in the same form by both houses, substitution or consolidation with similar bills filed.
but are not transmitted to the President for his signature and therefore have no
force and effect of a law. Calendaring for Second Reading
 simple resolutions — deal with matters entirely within the prerogative of one
chamber of Congress, are not referred to the President for his signature, and
The Committee Report with its approved bill version is submitted to the Committee
therefore have no force and effect of a law.
on Rules for calendaring for Second Reading.

Bills are laws in the making. They pass into law when they are approved by both houses
Second Reading
and the President of the Philippines. A bill may be vetoed by the President, but the House
of Representatives may overturn a presidential veto by garnering a 2/3rds vote. If the
President does not act on a proposed law submitted by Congress, it will lapse into law Bill author delivers sponsorship speech on the floor. Senators engage in debate,
after 30 days of receipt. 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

Senate (legislative process):
Senators vote on the second reading version of the bill. If approved, the bill is
The following is a summary of how a bill becomes a law:
calendared for third reading.

Filing/Calendaring for First Reading

Voting on Third Reading
A bill is filed in the Office of the Secretary where it is given a corresponding number
Printed copies of the bill’s final version are distributed to the Senators. This time,
and calendared for First Reading.
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 1. The Committee where the bill was referred to evaluates it to determine the
and Third Reading). necessity of conducting public hearings.
If the Committee finds it necessary to conduct public hearings, it schedules
Back to the Senate the time thereof, issues public notics and invites resource persons from the
public and private sectors, the academe and experts on the proposed
legislation.
If the House-approved version is compatible with that of the Senate’s, the final
If the Committee finds that no public hearing is not needed, it schedules the
version’s enrolled form is printed. If there are certain differences, a Bicameral
Conference Committee is called to reconcile conflicting provisions of both versions of bill for Committee discussion/s.
the Senate and of the House of Representatives. Conference committee submits report 2. Based on the result of the public hearings or Committee discussions, the
Committee may introduce amendments, consolidate bills on the same subject
on the reconciled version of the bill, duly approved by both chambers. The Senate prints
matter, or propose a subsitute bill. It then prepares the corresponding
the reconciled version in its enrolled form.
committee report.
3. The Committee approves the Committee Report and formally transmits the
Submission to Malacañang same to the Plenary Affairs Bureau.

Final enrolled form is submitted to Malacañang. The President either signs it into 4. SECOND READING
law, or vetoes and sends it back to the Senate with veto message.
1. 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.
HOUSE OF REPRESENTATIVES (legislative process) 2. The Committee on Rules schedules the bill for consideration on Second
Reading.
PREPARATION OF THE BILL 3. On Second Reading, the Secretary General reads the number, title and text of
The Member or the Bill Drafting Division of the Reference and Research Bureau the bill and the following takes place:
prepares and drafts the bill upon the Member's request. a. Period of Sponsorship and Debate
2. FIRST READING b. Period of Amendments
c. Voting which may be by:
i. viva voce
1. The bill is filed with the Bills and Index Service and the same is numbered
ii. count by tellers
and reproduced.
iii. division of the House; or
2. Three days after its filing, the same is included in the Order of Business for
iv. nominal voting
First Reading.
3. On First Reading, the Secretary General reads the title and number of the bill.
The Speaker refers the bill to the appropriate Committee/s. 5. THIRD READING

3. COMMITTEE CONSIDERATION/ACTION 1. The amendments, if any, are engrossed and printed copies of the bill are
reproduced for Third Reading.
 2. The engrossed bill is included in the Calendar of Bills for Third Reading and 10. PRESIDENTIAL ACTION ON THE BILL
copies of the same are distributed to all the Members three days before its
Third Reading. 1. If the bill is approved the President, the same is assigned an RA number and
3. On Third Reading, the Secretary General reads only the number and title of transmitted to the House where it originated.
the bill. 2. If the bill is vetoed, the same, together with a message citing the reason for
4. A roll call or nominal voting is called and a Member, if he desires, is given the veto, is transmitted to the House where the bill originated.
three minutes to explain his vote. No amendment on the bill is allowed at this
stage. 11. ACTION ON APPROVED BIL
a. The bill is approved by an affirmative vote of a majority of the The bill is reproduced and copies are sent to the Official Gasette Office for publication
Members present.
and distribution to the implementing agencies. It is then included in the annual
b. If the bill is disapproved, the same is transmitted to the Archives.
compilation of Acts and Resolutions.

6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE 12. ACTION ON VETOED BILL
The approved bill is transmitted to the Senate for its concurrence. The message is included in the Order of Business. If the Congress decides to override
the veto, the House and the Senate shall proceed separately to reconsider the bill or the
7. SENATE ACTION ON APPROVED BILL OF THE HOUSE vetoed items of the bill. If the bill or its vetoed items is passed by a vote of two-thirds
The bill undergoes the same legislative process in the Senate. of the Members of each House, such bill or items shall become a law.
8. CONFERENCE COMMITTEE NOTE: A joint resolution having the force and effect of a law goes through the same
process.
1. A Conference Committee is constituted and is composed of Members from
each House of Congress to settle, reconcile or thresh out differences or
disagreements on any provision of the bill. C. Statutory Analysis - Statutory interpretation is the process by which
2. The conferees are not limited to reconciling the differences in the bill but may courts interpret and apply legislation. Some amount of interpretation is often
introduce new provisions germane to the subject matter or may report out an necessary when a case involves a statute. Sometimes the words of a statute
entirely new bill on the subject. have a plain and straightforward meaning. But in many cases, there is some
3. The Conference Committee prepares a report to be signed by all the conferees ambiguity or vagueness in the words of the statute that must be resolved by
and the Chairman. the judge. To find the meanings of statutes, judges use various tools and
4. The Conference Committee Report is submitted for consideration/approval of methods of statutory interpretation, including traditional canons of statutory
both Houses. No amendment is allowed. interpretation, legislative history, and purpose. In common law jurisdictions,
the judiciary may apply rules of statutory interpretation both to legislation
9. TRANSMITTAL OF THE BILL TO THE PRESIDENT enacted by the legislature and to delegated legislation such as administrative
Copies of the bill, signed by the Senate President and the Speaker of the House of agency regulations.
Representatives and certified by both the Secretary of the Senate and the Secretary
General of the House, are transmitted to the President.