group 2 legres report

7/28/2019 Group 2 Legres Report

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Our statutory law consists mainly of the following:

1. The 1987 Constitution

2. Treaties and International Agreements3. Statutes enacted by the Legislature

4. Administrative Rules and Regulations

5. Ordinances enacted by the Autonomous Regions

6. Ordinances enacted by Local Government Units


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Constitution , Definition The written instrument enacted by direct action of the

people by which the fundamental powers of thegovernment are established, limited and defined, and by

which those powers are distributed among the severaldepartments for their safe and useful exercise for thebenefit of the body politic (Justice G. Malcolm)

Law; of highest authoritativeness and obligation; supremelaw of the land, ultimate authority, reference to determine

validity of national laws, administrative regulations, localordinances and executive actions.


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Constitution, History

There are four (4) regular Philippine Constitutionsfrom the Malolos Convention to the present:

Malolos Constitution

1935 Constitution

1973 Constitution

1987 Constitution 1943 Constitution*

1986 Constitution**

*declared null and void**provisional


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Philippine History

Negritos, Malays who settled in scattered communitiescalled barangays; chieftain or datus

Chinese traders, Arab Islams

1521 Magellan discovered Philippines; 377 years Fundamental law states that we are governed by special law

All laws originated from Spain

These can be found in Leyes Constitucionales de Espana,Derecho Parliamentario Espanol; Cortes representation wasrecorded in Efemerides Filipinas, Filipinas en las Cortes


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Philippine History The Treaty of Paris

December 10, 1898 Treaty of Paris legal milestone,

start of constitutionalism Terminated the war between Spain and U.S.Official text can be found in Official Gazette Vol. 1

(Appendix)

Published in the official repository: Acts of Congressand Treaties Pertaining to the Philippine Islands


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Philippine History Malolos Constitution 1899

June 12, 1898 - Philippine independence, first Phil Republicwas established, Aguinaldo as President; Jan. 21, 1899 -Malolos Constitution was promulgated

Influences include: Cartilla and Sangguniang Hukuman charter and code of

Katipunan by Emilio Jacinto Provisional Constitution of Biak na Bato Constitution for island of Luzon Provisional constitution of Mariano Ponce Constitutional Program of Phil. Republic by A. MabiniAutonomy projects of Paterno


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Philippine History Malolos Constitution 1899Official repository are organs of various revolutionary

govt. e.g. Heraldo Revolucion

La Revolucion Filipina published by Bureau of Printing

Noted in the Reports of the Philippine Commission tothe President by Government Printing Office Vol. 4

Other various sources:

Calderon, Mis Memorias Sobre La Revolucion; Kalaw, La

Constitucion de Malolos; Retana, Archivo del BiblioFilipino, etc.


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Philippine History The American Regime

Constitution under federal government is also knownas Organic Law usually enactment of Congress

Principal organic laws of Phils. prior to 1935Constitution: The Treaty of Paris 1898

Pres. Instruction to the Second Phil Commission 1900

Spooner Amendment 1901 The Act of Congress/Philippine Bill 1902

Act of Congress/Phil Autonomy Act /Jones Law 1916


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Philippine History The American Regime

Organic Acts

All are found in the official repository Public Laws(Philippine Commission and Philippine Legislative)

Acts of Congress and Treaties pertaining to thePhilippine Islands (GPO, 1920)


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Pres. Mc Kinleys Instructions, 1900 Legislative power was vested in a unicameral body called

the Philippine Commission

Ref.: Encyclopedia of the Phils, 1957 Vol XI

Spooner Amendment, 1901 First action of U.S. Congress asserting its right to govern

the Philippines

Civil government was established; William Howard Taftas first governor

Ref.: U.S. Statutes at Large Vol. 31


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The Philippine Bill 1902 Provided for the calling of Philippine Assembly in a

bicameral legistlature

Ref.: text was published in U.S. Statutes at Large, Vol. 32

and U.S. Codes Titles 2 and 48

The Philippine Autonomy Act / Jones Law 1916 established Philippine legislature; Senate Pres. M.

Quezon and Speaker of the House S. Osmena

Superseded Spooner Amendment; chief organic law ofPhils


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The Commonwealth Period

The Tydings Mc Duffie Law 1934

Signed by U.S. President F. Roosevelt; approved by

Philippine Legislature Lead to the inauguration of the Commonwealth

Government

Promised independence during 10 year transition


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The 1935 Philippine Constitution

The Philippine Independence Law authorized callingfor a Constitutional Convention

Ratified the Commonwealth Constitution May 14, 1935 Philippine Legislature was abolished; National

Assembly Ref.: Public Laws of the Philippines Vol. 30; Official

Gazette Vol. 34; Proceedings of the ConstitutionalConvention of 1935 donated by Senator Jose P. Laurel;

Journal of 1935 Con Con (3 vols) published by EastPublishing Co.


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Japanese Period

The 1943 Constitution of the Republic of thePhilippines drafted under Jose P. Laurel while innational emergency

1973 Constitution 1972 Proclamation 1081 P.D. No 73 calls for ratification or rejection of

Constitution Provides for parliamentary form of government Ref: Constitutional Convention Archives in the U.P. Law

The Provisional Constitution of 1986


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1987 Constitution

Corazon Aquino issued Pro. 9 calling for the new draftof the Constitution

Constitutional Commission 1986 was created Creates a bicameral legislature Senate and House of

Representatives

Executive power to the president, judicial powers to

the Supreme Courts and lower courts


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The Constitution is the Supreme Law of the Land In case of conflict, Constitution must prevail

Precedence and hierarchy of Laws Philippine Constitution, Statutes, IRR (written by agencies in the Executive

Branch)

Doctrine of Hierarchy of Laws

IRRs being subordinate cannot supersede a law passed by Congress Legal Basis for the Precedence and Hierarchy of Laws

Art. 7 NCC

Interpretation of Constitution Follow the usual rules on construction and interpretation

Unconstitutionality of Statutes Art. 10 NCC justice and right to prevail

Effects of Declaration of Unconstitutionality Orthodox view unconstitutional law is not a law, confers no rights, impose

no duties, affords no protection, creates no office, inoperative as if it wasnot passed

Modern view courts simply refuses to recognize ; as if no statute


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Same force of authority as legislative enactments; Defined as a compact made between two or more

independent nations with a view to the public welfare;

Philippines is signatory and concluded treaties as a member offamily of nations

Official Gazette

Official text of treaties entered into between the Philippineand foreign nation

Treaty Series by DFA starting 1947 at irregular intervals


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What Where Who When

Official text of treaties entered into

between Philippines Official Gazette

Treaty Series DFA

irregular

intervals

Treaties affecting Phils before

adoption of Constitution

Acts of Congress and TreatiesPertaining to the Philippine

Islands

published

1920

Materials for treaties and

international agreements where

Phils is signatory Philippine Treaty Series

UP Law

Center

7 volumes

1946 to 1982

Index to above Philippine Treaties Index

Foreign

Service

Institute 1946-1982

Index - Bilateral Agreements

arranged alphabetically by

country or international agency

Index - Multilateral Agreements arranged by subject


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What Where Who When

Treaties and other

international

agreements

The Lawyers Review, Int'l Law

Documents

1995

Edition

Law of the Sea UP Law Center

1996

Edition

Philippine Yearbook of Int'l Laws

1983 -

1989

Document in Contemporary Int'l.

Law

Dean Marlene

Magallona 1976

Vital ASEAN Documents UP Law Complex

1967 -

1984The Ocean Law and Policy Series UP Law Complex

Philippine Trade and Economic

Agreements UP Law Complex

World Bulletin UP Law Complex


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Secondary Materials on Treaties and International Agreement

Cases and Materials on

International Law Vicente Abad Santos 1971

Public International Law J.R. Salonga 1974

International Law

J.R. Coquiia and M.D.

Santiago 1998 Edition

International Law I.A. Cruz 1998 Edition

International Law with

Philippine cases and

Materials and Asean

Instruments M.D. Santiago 1999 Edition


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Orders, rules and regulations issued by the Presidentand heads of departments, bureau and other agenciesof the government for the effective enforcement oflaws within their jurisdiction.

In order that such rules and regulations may be valid,they must be within the authorized limits and

jurisdiction of the office issuing them and inaccordance with the provisions of the law authorizingtheir issuance.


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Executie Order acts of the President providing for rules of a

general or permanent character in theimplementation or execution of constitutional/

statutory powers.

Administrative Order acts relate to particular aspects of

governmental operations in pursuance of hisduties as administrative head


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Proclamations acts fixing a date or declaring a statute or condition

of public moment or interest, upon the existence ofwhich the operation of a specific law or regulation ismade to depend

Memorandum Order acts on matters of administrative details or of

subordinate or temporary interest which onlyconcern a particular officer or office of government

Memorandum Circular acts on matters relating to internal administration

which desires to bring to the attention of all or someof the departments, agencies, bureaus, or offices ofthe government, for information ofcompliance


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In researching these types of materials, thereare two important items needed:

Issuing Agency

Year it was promulgated.


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This is due to the fact that all Department, Bureaus,and other government agencies use the administrativeorders, memorandum orders and memorandumcirculars for their administrative rules and regulations

and they start always with number 1 every year. Eventhe Supreme Court issues Administrative Orders,Circulars, Memorandum Orders, and AdministrativeMatters.


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Requirement of publication applies except if it ismerely interpretative or internal in nature notconcerning the public

Requirements of filing (1987 Administrative Code):

Book VII Sec. 3. Filing. - (1) Every agency shall filewith the University of the Philippines Law Center

three (3) certified copies of every rule adopted by it.Rules in force on the date of effectivity of this Codewhich are not filed within three (3) months from thatdate shall not thereafter be the basis of any sanctionagainst any party or persons.


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Book I Sec. 24. Contents. - There shall be publishedin the Official Gazette all legislative acts andresolutions of a public nature; all executive and

administrative issuances of general application;decisions or abstracts of decisions of the SupremeCourt and the Court of Appeals, or other courts ofsimilar rank, as may be deemed by said courts ofsufficient importance to be so published;such

documents or classes of documents as may be requiredso to be published by law; and such documents orclasses of documents as the President shall determinefrom time to time to have general application Orwhich he may authorize so to be published.

The publication of any law, resolution or other officialdocuments in the Official Gazette shall be prima facieevidence of its authority.


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OFFICE OF THE NATIONAL ADMINISTRATIVEREGISTER(ONAR)

CREATED BY THE Board of Regents at its 1239th meetingon March 1991, pursuant to the Administrative Code of 1987which requires the UP Law Center to be the repository

of all rules and regulations adopted/issued by thedifferent government agencies

The Law Center is also required by this mandate to publishquarterly all rules and regulations filed therewith. The

ONAR which created for the purpose evaluates all rulesfiled, according to a set of criteria, and performs the entirepublishing process from encoding , proof-reading, lay-outing and printing


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Official Gazette

ONAR

Each department, bureau, or agency issuing suchorders, rules and regulations are expected to keepofficial records and files thereof and mimeograph

copies


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The basic local government units are the provinces,cities, municipalities, and barangays. They each havelawmaking powers to pass ordinances which areusually of local interests only.

A local ordinance is legally ineffective if inconsistent

with statutory enacted by congress.


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THE LOCAL GOVERNMENT CODE PROVIDES:

SEC. 16. General Welfare. - Every local government unitshall exercise the powers expressly granted, thosenecessarily implied there from, as well as powers necessary,appropriate, or incidental for its efficient and effectivegovernance, and those which are essential to the

promotion of the general welfare. Within their respectiveterritorial jurisdictions, local government units shallensure and support, among other things, the preservationand enrichment of culture, promote health and safety,enhance the right of the people to a balanced ecology,

encourage and support the development of appropriateand self-reliant scientific and technological capabilities,improve public morals, enhance economic prosperity andsocial justice, promote full employment among theirresidents, maintain peace and order, and preserve thecomfort and convenience of their inhabitants.


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Empowers local government units to enact andimplement measure for the general well-being of their

inhabitants.

Its basis is the police power of the state as delegated tolocal government units.

Powers of LGU are not absolute. Subject to limitationby constitution and laws and should refrain from

making acts which prejudice or adversely affect thegeneral welfare.


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Barangay ordinance

Sangguniang barangay smallest legislative body; maypass an ordinance by majority of all its members;subject to review by Sangguniang bayan/ panglungsod

Sangguniang bayan/ panglungsod take action on the

ordinance within 30 days from submission; if theresinaction, it is presumed to be consistent with themunicipal or city ordinance; if inconsistency is found,it will remand to the Sangguniang barangay


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Municipal ordinance

Lodged in the Sangguniang bayan

Majority of the quorum voting, ordinance is passed

Ordinance sent to Mayor within 10 days for approval or

veto; if theres mayors inaction, ordinance is presumedapproved; if vetoed and overridden by 2/3 of all members,ordinance is approved

Approved ordinance is passed to Sangguniangpanlalawigan for review

Within 30 days may invalidate in whole or in partand its action is final; if theres inaction within 30days, it is deemed valid


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City ordinance

Vested in Sangguniang panglungsod

Majority of the quorum voting, ordinance is passed

Submitted to Mayor within 10 daysApproveVeto 2/3 of all members approved Inaction deemed approved

If city or component city submit to Sangguniangpanlalawigan for review which shall take action within30 days, otherwise, it will be deemed valid


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Provincial ordinance

Sangguniang panlalawigan majority of quorumvoting, passage of ordinance

Forwarded to the Governor who within 15 days from

receipt shallApprove

Veto 2/3 of all members approved

Inaction deemed approved


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When local ordinance takes effect

Unless otherwise stated, the same shall take effect 10days from the date a copy is posted in a bulletin boardat the entrance of the provincial capitol or city,

municipality or barangay hall, AND in at least 2 otherconspicuous places in the local government unitconcerned.


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The secretary to the Sangguinian concerned shallcause the posting not later than 5 days after approval;text will be disseminated in English or Tagalog; thesecretary to the Sangguinian concerned shall recordsuch fact in a book kept for that purpose, stating thedates of approval and posting

Gist of ordinance with penal sanctions shall bepublished in a newspaper of general circulation within

the respective province concerned; if NO newspaper ofgeneral circulation in the province, POSTING shall bemade in all municipalities and cities of the provincewhere the Sanggunian of origin is situated


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For highly urbanized and independent componentcities, main features of the ordinance, in addition tothe posting requirement shall be published once in alocal newspaper. In the absence of local newspaper, inany newspaper of general circulation

Highly urbanized city minimum population of200,000 and with latest annual income of atleast 50M Pesos


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SEC. 511. Posting and Publication of Ordinances withPenal Sanctions.

(a) ordinances with penal sanctions shall be posted atprominent places in the provincial capitol, city,municipal or barangay hall, as the case may be, for aminimum period of three (3) consecutive weeks. Such

ordinances shall also be published in a newspaper ofgeneral circulation, where available, within theterritorial jurisdiction of the local government unitconcerned, except in the case of barangay ordinances.Unless otherwise provided therein, said ordinancesshall take effect on the day following its publication, orat the end of the period of posting, whichever occurslater.


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(b) Any public officer or employee who violates anordinance may be meted administrative disciplinaryaction, without prejudice to the filing of theappropriate civil or criminal action.

(c) The secretary to the sanggunian concerned shalltransmit official copies of such ordinances to the chiefexecutive officer of the Official Gazette within seven(7) days following the approval of the said ordinance

for publication purposes. The Official Gazette maypublish ordinances with penal sanctions for archivaland reference purposes.


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