LAW

STATUTE

Rules enunciated and declared by the

competent authorities for the governance of
the community
Enactments of the
Legislative Department
Rules and regulations which
have the force and effect of law
What is

STATUTE LAW

CLASSIFICATIONS OF STATUTE LAW

Conventional Legislation
Enactments by national or local
legislative bodies, or in which
they may have participated

Subordinate Legislation
TWO TESTS:
1. Completeness Test
2. Sufficiency of Standard Test

All rules and orders, issued

pursuant to law by administrative
and judicial agencies
Valid only when the delegation is valid

ACCORDING TO
ENACTING AUTHORITY

CLASSIFICATIONS OF STATUTE LAW

External Legislation
Rules of general application
Those affecting order and
procedure in a community

Subordinate Legislation
Rules of restricted application
Those affecting order and
procedure among members
of legislative, judicial, or
administrative office

ACCORDING TO
APPLICATION

CLASSIFICATIONS OF STATUTE LAW

Constitution
Treaties and Other International Agreements
Statutes Proper
Presidential Issuances
Administrative Rules and Regulations
Charters of Local Government Units (LGUs)
Legislations of LGUs
Tribunal/Court Rules
Legislative Rules
ACCORDING TO
CLASSES OF LEGISLATION

CONSTITUTION
Written instrument by which the fundamental powers of the Government
are established, limited, and defined, and by which those powers are
distributed among the several departments for their safe and useful
exercise for the benefit of the body politics

1935 Constitution
Established a republican form of government patterned after the American
political system
Amendments in 1939 liberalized all laws and economic provisions of the
Tydings-McDuffie Law.
Amendments in 1940 established a bicameral legislature, the re-eligibility of
the president and the vice-president for one reelection, and the reduction of
their terms of office from six years to four years; also created the Commission
on Elections.
Amendments in 1947 gave American citizens equal rights with Filipinos in the
exploitation of the countrys natural resources and the operation of public
utilities.

CONSTITUTION
Written instrument by which the fundamental powers of the Government
are established, limited, and defined, and by which those powers are
distributed among the several departments for their safe and useful
exercise for the benefit of the body politics

1943 Constitution
Passed during the Japanese Occupation
Effective during the Second World War
Provided for the transition from the Commonwealth to the Republic with the
complete withdrawal of American Sovereignty from the Philippines on July 5,
1946

CONSTITUTION
Written instrument by which the fundamental powers of the Government
are established, limited, and defined, and by which those powers are
distributed among the several departments for their safe and useful
exercise for the benefit of the body politics

1973 Constitution
Approved by the Constitutional Convention during the Martial Law period, declared
by then President Ferdinand Marcos on September 21, 1972
Amendments in 1976 gave the president legislative power in times of emergency,
and created the interim Batasang Pambansa in lieu of the interim National
Assembly through other amendments.
Amendments in 1981 gave permission to natural born citizens who lost their
citizenship to own private land, and established a modified parliamentary form of
government.
Amendments in 1983 provided for the appointment of Batasang Pambansa
members, the creation of the Office of the Vice-President, the abolition of the
Executive Committee, and the provision for urban land reform and a social
housing program, among others.

CONSTITUTION
Written instrument by which the fundamental powers of the Government
are established, limited, and defined, and by which those powers are
distributed among the several departments for their safe and useful
exercise for the benefit of the body politics

1987 Constitution
Approved by the Constitutional Commission of 1986 headed by Justice
Cecilia Muoz Palma

iting
the
onstitution
Const. (1935), art. III.
Const. (1973), art. III, sec. 1.
Const. (1987), art. III, sec. 1, par. (3).

Background and record of the Constitutional Convention

Interpretation of the Constitution
by the Supreme Court of the Philippines
Commentaries on the Constitution appearing in
treatises, legal periodicals, encyclopedias, and textbooks

Other helpful documents and sources

for the study of Constitutional Law

TREATIES AND
OTHER INTERNATIONAL AGREEMENTS
Treaties
International agreements entered into by the Philippines,
which require legislative concurrence after executive
ratifications
International agreements involving political issues or changes
of national policy and those involving international
arrangements of a permanent character usually take the form
of treaties
May be bilateral (between two nations), or multilateral
(between several nations)
No treaty or international agreement shall
be valid and effective unless concurred in
by at least two-thirds of all the Members of
the Senate.
Const. (1987),
art. VII, sec. 21.

TREATIES AND
OTHER INTERNATIONAL AGREEMENTS
Executive Agreements
Similar to treaties except that they do not require legislative
concurrence
International agreements embodying adjustments of detail carrying
out well-established national policies and traditions and those
involving arrangements of a more or less temporary nature usually
take the form of executive agreements.
Examples:
RP-CHINA (ZTE) Loan Agreement (Controversial)
Visiting Forces Agreement
RP-Japan Exchange of Notes dated 27 December 1999, and
Loan Agreement No. PH-P204 dated Decemeber 28, 1999
RP-ADB Loan No. 1654-PHI

CITING TREATIES AND

EXECUTIVE AGREEMENTS
Treaty of Friendship with India, July 11,
1952 (1953), II-2 DFATS 1, 2 P. T. S.
797, 203 U. N. T. S. 73.

STATUTES PROPER
Acts 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
Of the same category are Presidential Decrees and Executive Orders
issued by the President in the exercise of his/her legislative power during
the period of martial law and the revolutionary period, respectively.

Public Statute vs. Private Statute

Permanent Statute vs. Temporary Statute
Prospective Statute vs. Retroactive Statute
Affirmative Statute vs. Negative Statute
Declaratory, Curative, Mandatory,
Directory, Substantive, Remedial,
or Penal Statute

CITING STATUTES
Public Laws
Issued by the Philippine Commission, Philippine Assembly, and Philippine
Legislature (1900-1935)

PHILIPPINE TARIFF ACT OF 1909

Act. No. 7 (1909), art. 3.

Commonwealth Acts
Issued by the National Assembly and Congress (1935-1941)

An Act amending article one hundred and fifty of the Revised Penal Code
Com. Act. No. 52 (1936), sec. 1.

Presidential Decrees
Issued by President Marcos as legislator under Martial Law
(September 21, 1972 February 20, 1986)

THE CHILD AND YOUTH WELFARE CODE

Pres. Decree No. 603 (1975)

CITING STATUTES
Batas Pambansa
Issued by the Batasang Pambansa (July 23,1984 - February 1, 1986)
AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT
OF THE REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER
THIRTY-ONE, NINETEEN HUNDRED AND EIGHTY-ONE AND FOR OTHER
PURPOSES

Batas Blg. 80 (1981).

Executive Orders

Issued by President Aquino as legislator in the Revolutionary Government

(February 23, 1986 - July 26, 1987)
DECLARING THE EFFECTIVITY OF THE CREATION OF THE COMMISSION
ONHUMAN RIGHTS AS PROVIDED FOR IN THE 1987 CONSTITUTION,
PROVIDING GUIDELINES FOR THE OPERATION THEREOF, AND FOR
OTHER PURPOSES.

Exec. Order No. 163 (1987).

CITING STATUTES
Republic Acts
Issued by Congress (1946-1972; July 27, 1987 to present)

National Service Training Program (NSTP) Act

Rep. Act. No. 9163 (2002), sec. 4.

OTHER RELATED MATERIALS

Code
A systematic and comprehensive compilation of laws, rules, or regulations that are
consolidated and classified according to subject matter

Civil Code, (1889), art. 67.

Bills

General measures, which if passed upon, may become laws

AN ACT PROVIDING A FULL TUITION SUBSIDY FOR STUDENTS ENROLLED IN
STATE UNIVERSITIES AND COLLEGES (SUCS), AND APPROPRIATING FUNDS
THEREFOR
S. No. 2986, 16th
Cong. Third Sess. (2015)

CITING STATUTES
Resolutions
Joint Resolution
Concurrent Resolution
Simple Resolution
RESOLUTION DECLARING AS READ AND APPROVED
THE JOURNAL OF THE 50TH SESSION OF THE SENATE

S. Res. 1566, 14th Cong., 3rd Sess. (2010)

Committee Report

Describes the purpose and scope of the bill, explains any committee amendments,
indicates proposed changes in existing law and such other materials that are relevant

Comm. On National Defense and Security, H. Rpt. 25, 16th Cong., 2nd Sess. (2013).

PRESIDENTIAL ISSUANCES
Issued by the President in the exercise of his ordinance power
Ordinance power granted under Chapter 2, Book III of Executive Order
No. 292 (Administrative Code of 1987)

Executive Orders
Administrative Orders
Proclamations
Memorandum Orders
Memorandum Circulars
General or Special Orders

Acts of the President providing for rules of a

general or permanent character in the
implementation or execution of constitutional
or statutory powers
CREATING THE NATIONAL CYBERSECURITY INTER-AGENCY
COMMITTEE
Exec. Order No. 189 (2015)

EXECUTIVE ORDERS

Acts of the President relating to particular

aspects of governmental operations in
pursuance of his duties as administrative head

CREATING AN INTER-AGENCY TASK FORCE TO INITIATE, IMPLEMENT

AND MONITOR EASE OF DOING BUSINESS REFORMS
Adm. Order No. 38 (2013).

ADMINISTRATIVE ORDERS

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
DECLARING OCTOBER 20, 2015 AS WORLD STATISTICS DAY
Proc. No. 1135 (2015).

PROCLAMATIONS

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
APPROVING THE 2014 INVESTMENT PRIORITIES PLAN
Memo. Order No. 74 (2014).

MEMORANDUM ORDERS

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
AUTHORIZING PARTICIPATION IN THE 12TH ANNUAL CAREER
EXECUTIVE SERVICE (CES) CONFERENCE
Memo. Circular No. 51 (2013).

MEMORANDUM CIRCULARS

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
ENSURING PRIORITY DEVELOPMENT SUPPORT FOR
LOCAL PEACE INITIATIVES
Gen. Order No. 8 (2007).

GENERAL OR SPECIAL ORDERS

ADMINISTRATIVE RULES
AND REGULATIONS
Rules and regulations issued pursuant to law by administrative and judicial
agencies
Usually issued by Heads of Department and Bureaus
IMPLEMENTING RULES AND REGULATIONS OF
REPUBLIC ACT NO. 10625, OTHERWISE KNOWN AS
THE PHILIPPINE STATISTICAL ACT OF 2013
Sample Citation:
DCI (Cooperatives) Adm. O. No. 1 (1963).

CHARTERS OF
LOCAL GOVERNMENT UNITS
The laws under which a city or town or other municipal corporation
exercises its privileges, performs its duties, and discharges its obligations,
including all matters in which it has a direct interest and a right to regulate
and control
Two main classes: (a) Created by statue and (b) Created and Adopted by
the voters of a city or town by constitutional authorization

LEGISLATION OF LOCAL LEGISLATIVE BODIES

Refers to the power of a local legislative body to make rules in the form of
ordinances and resolutions of local application that have the force and effect
of law.
The 1991 Local GovernmentGovernment Code vests legislative power to the
sanggunian at different levels of local government:
Sangguniang Panlawigan for provinces
Sangguniang Bayan for municipalities
Sangguniang Panlungsod for cities
Sangguniang Barangay for barangays
In the autonomous regions of the country, legislation is made by the regional
legislative assemblies, e.g. Regional Legislative Assembly of the
Autonomous Region in Muslim Mindanao.

Example:
ORDINANCE NO. 8323. AN ORDINANCE CREATING THE
MANILA DISASTER RISK REDUCTION AND MANAGEMENT
OFFICE, DEFINING ITS DUTIES AND RESPONSIBILITIES,
PROVIDING THE NECESSARY FUNDS THEREFOR AND FOR
OTHER PURPOSES. (Manila City, 2013).
Citation:
Manila Ordinance 8323, August 13, 2013.

TRIBUNAL OR COURT RULES

Internal rules of a court or agency with express quasi-judicial powers. They
govern practice and procedures who come before the courts or tribunals
Shall apply in all the courts (including quasi-judicial), except as otherwise
provided by the Supreme Court
These Rules shall be liberally construed in order to promote their objective
of securing a just, speedy and inexpensive disposition of every action and
proceeding.
Examples:
Rules of Court
Civil Procedure
Criminal Procedure
Citation:
RULES OF COURT, Rule 130, sec. 2, par. (a).

Legislative Rules
Rules of procedure for the internal order of law making
bodies
Both the Senate and House of Representatives have their
separate rules
Examples:
Rules in Aid of Legislation
Rules on Impeachment Proceedings
Citation:
RULES OF PROCEDURE GOVERNING INQUIRIES
IN AID OF LEGISLATION OF THE HOUSE OF
REPRESENTATIVES. sec. 3, par. (a).