What are statutes?
A statute is an act of the legislature, adopted pursuant to its constitutional authority, by prescribed means and in certain form such that it becomes the law governing conduct within its scope. Statutes are enacted to prescribe conduct, define crimes, create inferior governmental bodies, appropriate public funds, and in general promote the public good and welfare.
I. Parts of a Statute
Ò Title
Title -- The title of the statute is the heading on the preliminary part, furnishing the name by which the act is individually known.
Example: Philippine Medical Technology Act of 1969
Ò Preamble
Preamble -- That part of the statute explaining the reasons for its enactment and the objects sought to be accomplished.
Ò Enacting clause
Enacting Clause -- That part of the statute which declares its enactment and serves to identify it is an act of legislation proceeding from the proper legislative authority.
Example: "Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled."
Ò Body
Body -- The main and operative part of the statute containing its substantive and even procedural provisions. Provisos and exemptions may also be found in the body of the statute.
Ò Repealing clause
Repealing Clause -- That part of the statute which announces the prior statutes or specific provisions which have been abrogated by reason of the new law.
Example: SECTION 13. Repealing Clause - All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. (From REPUBLIC ACT NO. 9048)
Ò Separability clause
Separability Clause -- That part of the statute which provides that in the event that one or more provisions are declared void or unconstitutional, the remaining provisions shall still be in force and effect
Example: SECTION 12. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration. (From REPUBLIC ACT NO. 9048)
Ò Effectivity clause
Effectivity Clause -- That part of the Statute which announces the effectivity date of the law.
Example: SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation. (From REPUBLIC ACT NO. 9048)
II. References to Statutes
Statutes may be referred to as an Act or Presidential Decree or some other term. This indicates that the statute was passed during a certain period, as follows:
Ò 4,275 ACTS - Enactments from 1900-1935
Ò 733 Commonwealth Acts - Enactments from 1935-1945
Ò 2034 Presidential Decrees - Enactments from 1972-1985
Ò 884 Batas Pambansa. - Enactments from 1979-1985
Ò 9335. Republic Acts - Enactments from 1946-1972, 1987- April 2005
Ò During Martial Law, both President Marcos and the Batasang Pambansa (Parliament) were issuing laws at the same time in the Presidential Decrees (by President Marcos) and Batas Pambansa (Parliament) .
Ò During Martial Law, aside from Presidential Decrees, the President promulgated other issuances namely: 57 General Orders, 1,525 Letters of Instruction, 2,489 Proclamations, 832 Memorandum Order, 1,297 Memorandum Circular, 157 Letter of Implementation, Letter of Authority, Letters of Instruction, 504 Administrative Order and 1,093 Executive Orders.
Ò The Presidential Decrees issued by Pres. Marcos during Martial Law and the Executive Orders issued by Pres. Aquino before the opening of Congress may be classified as legislative acts for there was no legislature during those two periods.
Ò Laws passed by the new 1987 Congress started from Rep. Act No. 6636, as the last Republic Act promulgated by Congress before Martial Law was Rep. Act No. 6635.
III. How statutes are enacted
Ò Sec. 26 (2), Art. VI of the constitution
Ò No 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.
Ò Sec. 27 (1), Art. VI of the Constitution
Ò Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it
Ò A bill may be introduced in the House of Representatives or the Senate. A bill must relate to only one subject matter which must be expressed in its title.
Ò On 1st Reading, the title and number of the bill is read, and then, it is referred to the appropriate committee.
Ò A committee studies the bill and conducts hearings on it. Thereafter, a committee report is prepared on the bill. A committee only prepares a report on a bill it decides to recommend for approval by the House. The committee report is read in open session, and together with the bill, it is referred to the Rules Committee. The Rules Committee can place the bill in the 2 nd Reading Calendar or in the Calendar of Unassigned Business.
Ò On 2nd Reading, a bill is subject to debate and amendment before being placed in the 3rd Reading Calendar for final passage. A bill must undergo 3 readings on 3 separate days except when the President certifies a bill as urgent to meet a public calamity or national emergency.
Ò After its passage by one house, the bill goes through the same process in the other house.
Ò If amendments are made in one house, the other house must concur. If a house has a counterpart bill to a bill passed by the other house, and these bills have conflicting provisions, a conference committee composed of representatives of each house is formed to harmonize the conflicting provisions. Thereafter, if the conflicting provisions are harmonized, a conference committee report is prepared for ratification or approval by both houses.
Ò When the bill is passed by both houses, it is signed by their respective leaders and sent to the President for approval.
Ò The President may sign the bill into a law, or veto all or part of it. The bill becomes a law if, within 30 days after receiving it, the President fails to sign or veto the bill. The bill, even if vetoed by the President, also becomes a law when Congress overrides the veto by a 2/3 vote of all its Members.
Sunday, January 31, 2010
Thursday, January 7, 2010
Municipal Legislation by Maricar Fabella
MUNICIPAL LEGISLATION and ORDINANCES
® The Constitution establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays. (Section 1, Article X)
® Local governments are generally considered as falling under the executive branch, yet local legislation requires enactment by duly elected local legislative bodies.
® The Constitution (Section 3, Article X) mandated that the Congress would enact a Local Government Code. The Congress duly enacted Republic Act No. 7160, The Local Government Code of 1991, which became effective on 1 January 1992.
® The Local Government Code of 1991 (RA 7160) provides:
CHAPTER 3
Local Legislation
® Section 48. Local Legislative Power. - Local legislative power shall be exercised by the sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the sangguniang bayan for the municipality; and the sangguniang barangay for the barangay.
® The Sangguniang Bayan is the legislature of municipal governments in the Philippines. It passes ordinances and resolutions for the effective administration of the municipality. Its powers are defined by the Local Government Code of 1991.
® Legislation
® An ordinance passed by the Sangguniang Bayan is sent to the municipal mayor for approval. Once approved, it is transmitted to the Sangguniang Panlalawigan of the province to which the municipality belongs, for compliance review.
® On the other hand, when the mayor vetoes an ordinance, it is sent back to the Sangguniang Bayan to reconsider the objections; however the Sangguniang Bayan may override such veto by a two-thirds vote of all its members which renders the measure's approval. With regard to ordinances pertaining to appropriations; or resolutions for payments of money, the adoption of local development plans or public investment programs, or the creation of liabilities, the mayor may just veto particular items in it. Any veto action must be communicated with the Sangguniang Bayan within ten days otherwise the ordinance is considered approved.
® The Sangguniang Panlalawigan may declare an ordinance or portions of it invalid should it be found to be inconsistent with existing laws, or it goes beyond the authority the Sangguniang Bayan may actually exercise. But if no action is taken by the Sangguniang Panlalawigan within 30 days, it is presumed to be compliant and deemed valid.
® Ordinances Enacted by Local Government Units
® The basic LGU’s are the provinces, cities, municipalities and barangays. Each of these units have lawmaking powers to pass what is commonly called “ordinances” (to distinguish them from statutes enacted by Congress) which are usually of local interest.
® A local ordinance is legally ineffective if inconsistent with statutes enacted by Congress.
® The Local Government Code of 1991 provides:
® SEC. 16. General Welfare. - Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.
® General Welfare Clause:
® Empowers LGU’s to enact and implement measures for the general well-being of their inhabitants. Its basis is the police power of the State as delegated to local government units.
® The powers of a LGU are not absolute.
® They are subject to limitations laid down by the Constitution and laws such as our Civil Code.
® The exercise of such powers should be subservient to paramount considerations of health and well-being of the community. Every local government has the sworn obligation to enact measures that will enhance the public health, safety and convenience, maintain peace and order, and promote the general prosperity of the inhabitants of local units. Based on this objective, the local government should refrain from acting towards that which prejudice or adversely affect the general welfare. (Makasiano vs Diokno, 212 SCRA 464)
® Examples of Ordinances:
® Manila Ordinance 7780 is entitled “AN ORDINANCE PROHIBITING AND PENALIZING THE PRINTING, PUBLICATION, SALE, DISTRIBUTION AND EXHIBITION OF OBSCENE AND PORNOGRAPHIC ACTS AND MATERIALS AND THE PRODUCTION, RENTAL, PUBLIC SHOWING AND VIEWING OF INDECENT AND IMMORAL MOVIES, TELEVISION SHOWS, MUSIC RECORDS, VIDEO AND VHS TAPES, LASER DISCS, THEATRICAL OR STAGE AND OTHER LIVE PERFORMANCES, EXCEPT THOSE REVIEWED BY THE MOVIE, TELEVISION REVIEW AND CLASSIFICATION BOARD (MTRCB).”
® Ordinance 7780, was enacted by the City Council of Manila at its regular session on January 28, 1993, and was subsequently approved by Mayor Alfredo S. Lim on February 19, 1993.
® Ordinance No. 8027, enacted on November 20, 2001 by the Sangguniang Panlungsod of Manila and became effective on December 28, 2001, after its publication. Ordinance No. 8027 reclassified the area described therein from industrial to commercial and directed the owners and operators of businesses disallowed under Section 1 to cease and desist from operating their businesses within six months from the date of effectivity of the ordinance. Among the businesses situated in the area are the so-called "Pandacan Terminals" of the oil companies Caltex, Petron and Shell.
® Ordinance No. 7695. AN ORDINANCE PROHIBITING THE DISPOSAL OF GARBAGE, TRASH, RUBBISH AND REFUSE IN AN UNCOVERED OR UNSEALED CONTAINER, PROVIDING PENALTY FOR VIOLATION THEREON, AND FOR OTHER PURPOSES.
® ORDINANCE NO. 7824 MAYOR LIM (SMOKE BAN TO MINORS)
® AN ORDINANCE PROHIBITING MINORS FROM SMOKING CIGARETTES, CIGARS, AND OTHER TOBACCO PRODUCTS WITHIN THE CITY OF MANILA
® It shall be unlawful for any minor to smoke cigarettes, cigars and other tobacco products in any form whatsoever, whether or not they are in the company of their parents, guardians elders or relatives who are not otherwise covered by this provision.
® Violation of this provision, upon conviction shall be punished as follows:a) first conviction – violator shall render four (4) hours community services under the supervision of the Youth Development and Welfare Bureau; b) second conviction- eight (8) hours of rendering community services; c) third and subsequent conviction – a fine of not less than five hundred pesos (P 500.00), or community services of sixteen (16) hours or both.
® February 18, 1994 ORDINANCE NO. 7842 MAYOR LIM (CIGARETTE SALE BAN TO MINORS)
® AN ORDINANCE PROHIBITING THE SELLING OF CIGARETTES, AND CIGARETTES PARAPHERNALIA TO MINORS AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
® The sale transfer and/or conveying possession or ownership of cigarettes and cigarette paraphernalia to minors is prohibited.
® Violation of this provision shall be punished by a fine of two hundred pesos (P200.00) for the first offense; five hundred pesos (P500.00) for the second offense; one thousand pesos (P1,000.00) or imprisonment for six (6) months, or both for the third offense, at the discretion of the court.
® Quezon City Ordinance No. SP- 91, S- 93 otherwise known as the Quezon City Revenue Code, has for its main goal the provision of effective systems, procedures and practices in the issuance and renewal of business permits. It regulates the nature and/or operations of various business activities within Quezon City.
® The City Council of Makati has passed an ordinance that will eventually rid the city of ugly billboards. Ordinance 2004- A-028 mandates that starting February 22, the erection of billboards in Makati City will be restricted. In the meantime, no permits for any new billboards are being issued. The concept is that Makati will put out a master plan that will indicate where billboards can be put up, in what sizes these will be allowed and how they will be constructed. Then, not only will there be less danger of Makati billboards falling on vehicles and citizens in case of high winds and storms, the Makati skyline will also no longer look as crowded as it does now.
® The Constitution establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays. (Section 1, Article X)
® Local governments are generally considered as falling under the executive branch, yet local legislation requires enactment by duly elected local legislative bodies.
® The Constitution (Section 3, Article X) mandated that the Congress would enact a Local Government Code. The Congress duly enacted Republic Act No. 7160, The Local Government Code of 1991, which became effective on 1 January 1992.
® The Local Government Code of 1991 (RA 7160) provides:
CHAPTER 3
Local Legislation
® Section 48. Local Legislative Power. - Local legislative power shall be exercised by the sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the sangguniang bayan for the municipality; and the sangguniang barangay for the barangay.
® The Sangguniang Bayan is the legislature of municipal governments in the Philippines. It passes ordinances and resolutions for the effective administration of the municipality. Its powers are defined by the Local Government Code of 1991.
® Legislation
® An ordinance passed by the Sangguniang Bayan is sent to the municipal mayor for approval. Once approved, it is transmitted to the Sangguniang Panlalawigan of the province to which the municipality belongs, for compliance review.
® On the other hand, when the mayor vetoes an ordinance, it is sent back to the Sangguniang Bayan to reconsider the objections; however the Sangguniang Bayan may override such veto by a two-thirds vote of all its members which renders the measure's approval. With regard to ordinances pertaining to appropriations; or resolutions for payments of money, the adoption of local development plans or public investment programs, or the creation of liabilities, the mayor may just veto particular items in it. Any veto action must be communicated with the Sangguniang Bayan within ten days otherwise the ordinance is considered approved.
® The Sangguniang Panlalawigan may declare an ordinance or portions of it invalid should it be found to be inconsistent with existing laws, or it goes beyond the authority the Sangguniang Bayan may actually exercise. But if no action is taken by the Sangguniang Panlalawigan within 30 days, it is presumed to be compliant and deemed valid.
® Ordinances Enacted by Local Government Units
® The basic LGU’s are the provinces, cities, municipalities and barangays. Each of these units have lawmaking powers to pass what is commonly called “ordinances” (to distinguish them from statutes enacted by Congress) which are usually of local interest.
® A local ordinance is legally ineffective if inconsistent with statutes enacted by Congress.
® The Local Government Code of 1991 provides:
® SEC. 16. General Welfare. - Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.
® General Welfare Clause:
® Empowers LGU’s to enact and implement measures for the general well-being of their inhabitants. Its basis is the police power of the State as delegated to local government units.
® The powers of a LGU are not absolute.
® They are subject to limitations laid down by the Constitution and laws such as our Civil Code.
® The exercise of such powers should be subservient to paramount considerations of health and well-being of the community. Every local government has the sworn obligation to enact measures that will enhance the public health, safety and convenience, maintain peace and order, and promote the general prosperity of the inhabitants of local units. Based on this objective, the local government should refrain from acting towards that which prejudice or adversely affect the general welfare. (Makasiano vs Diokno, 212 SCRA 464)
® Examples of Ordinances:
® Manila Ordinance 7780 is entitled “AN ORDINANCE PROHIBITING AND PENALIZING THE PRINTING, PUBLICATION, SALE, DISTRIBUTION AND EXHIBITION OF OBSCENE AND PORNOGRAPHIC ACTS AND MATERIALS AND THE PRODUCTION, RENTAL, PUBLIC SHOWING AND VIEWING OF INDECENT AND IMMORAL MOVIES, TELEVISION SHOWS, MUSIC RECORDS, VIDEO AND VHS TAPES, LASER DISCS, THEATRICAL OR STAGE AND OTHER LIVE PERFORMANCES, EXCEPT THOSE REVIEWED BY THE MOVIE, TELEVISION REVIEW AND CLASSIFICATION BOARD (MTRCB).”
® Ordinance 7780, was enacted by the City Council of Manila at its regular session on January 28, 1993, and was subsequently approved by Mayor Alfredo S. Lim on February 19, 1993.
® Ordinance No. 8027, enacted on November 20, 2001 by the Sangguniang Panlungsod of Manila and became effective on December 28, 2001, after its publication. Ordinance No. 8027 reclassified the area described therein from industrial to commercial and directed the owners and operators of businesses disallowed under Section 1 to cease and desist from operating their businesses within six months from the date of effectivity of the ordinance. Among the businesses situated in the area are the so-called "Pandacan Terminals" of the oil companies Caltex, Petron and Shell.
® Ordinance No. 7695. AN ORDINANCE PROHIBITING THE DISPOSAL OF GARBAGE, TRASH, RUBBISH AND REFUSE IN AN UNCOVERED OR UNSEALED CONTAINER, PROVIDING PENALTY FOR VIOLATION THEREON, AND FOR OTHER PURPOSES.
® ORDINANCE NO. 7824 MAYOR LIM (SMOKE BAN TO MINORS)
® AN ORDINANCE PROHIBITING MINORS FROM SMOKING CIGARETTES, CIGARS, AND OTHER TOBACCO PRODUCTS WITHIN THE CITY OF MANILA
® It shall be unlawful for any minor to smoke cigarettes, cigars and other tobacco products in any form whatsoever, whether or not they are in the company of their parents, guardians elders or relatives who are not otherwise covered by this provision.
® Violation of this provision, upon conviction shall be punished as follows:a) first conviction – violator shall render four (4) hours community services under the supervision of the Youth Development and Welfare Bureau; b) second conviction- eight (8) hours of rendering community services; c) third and subsequent conviction – a fine of not less than five hundred pesos (P 500.00), or community services of sixteen (16) hours or both.
® February 18, 1994 ORDINANCE NO. 7842 MAYOR LIM (CIGARETTE SALE BAN TO MINORS)
® AN ORDINANCE PROHIBITING THE SELLING OF CIGARETTES, AND CIGARETTES PARAPHERNALIA TO MINORS AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
® The sale transfer and/or conveying possession or ownership of cigarettes and cigarette paraphernalia to minors is prohibited.
® Violation of this provision shall be punished by a fine of two hundred pesos (P200.00) for the first offense; five hundred pesos (P500.00) for the second offense; one thousand pesos (P1,000.00) or imprisonment for six (6) months, or both for the third offense, at the discretion of the court.
® Quezon City Ordinance No. SP- 91, S- 93 otherwise known as the Quezon City Revenue Code, has for its main goal the provision of effective systems, procedures and practices in the issuance and renewal of business permits. It regulates the nature and/or operations of various business activities within Quezon City.
® The City Council of Makati has passed an ordinance that will eventually rid the city of ugly billboards. Ordinance 2004- A-028 mandates that starting February 22, the erection of billboards in Makati City will be restricted. In the meantime, no permits for any new billboards are being issued. The concept is that Makati will put out a master plan that will indicate where billboards can be put up, in what sizes these will be allowed and how they will be constructed. Then, not only will there be less danger of Makati billboards falling on vehicles and citizens in case of high winds and storms, the Makati skyline will also no longer look as crowded as it does now.
Treaties and Executive Agreements by Jan Christopher Elmido
TREATIES AND EXECUTIVE AGREEMENTS
ž TREATY DEFINED
¡ A formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing the treaty-making capacity for the purpose of regulating their mutual relation under the law of nations
ž FUNCTIONS
¡ Enable parties to settle finally actual and potential conflicts
¡ Make it possible for the parties to modify the rules of international customary law by means of optional principles or standards
¡ Lead to a transformation of unorganized international society into one which may be organized on any chosen level of social integration
¡ Provide stimulus for the growth of international customary law
TREATY-MAKING PROCESS
ž NEGOTIATION
¡ Undertaken directly by the head of the state but usually assigned to authorized representatives
¡ Submitting of the draft by one of the parties
¡ Counter-proposals by the other party
¡ Subsequent negotiations
ž SIGNATURE
¡ The authenticating of the instrument and for the purpose of symbolizing the good faith of the parties
ž RATIFICATION
¡ The formal act by which a state confirms and accepts the provisions of a treaty concluded by its representatives
¡ Art. VII, Sec. 21.
¢ 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.
ž EXCHANGE OF INSTRUMENTS OF RATIFICATION
¡ Signifies the effectivity of the treaty
ž REGISTRATION AND PUBLICATION
EXECUTIVE AGREEMENTS
¡ Treaty - like agreement with another country in which the President binds the country without submission to the Senate
¡ “an international agreement embodying adjustments of detail carrying out well-established national policies and traditions, and those involving arrangements of a more or less temporary nature.” [Commissioner of Custom v. Eastern Sea Trading, 3 SCRA 351]
ž Nature of Executive Agreements :
¡ 2 classes :
¢ (1) agreements made purely as executive acts affecting external relations and independent of or without legislative authorization, which may be termed as presidential agreements, and
¢ (2) agreements entered into in pursuance of acts of Congress, or Congressional-Executive Agreements.
ž TREATY DISTINGUISHED FROM EXECUTIVE AGREEMENT
¡ Executive agreements entered into by the President need no concurrence.
¢ Art. VII, Sec. 21.
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
ž TREATY DEFINED
¡ A formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing the treaty-making capacity for the purpose of regulating their mutual relation under the law of nations
ž FUNCTIONS
¡ Enable parties to settle finally actual and potential conflicts
¡ Make it possible for the parties to modify the rules of international customary law by means of optional principles or standards
¡ Lead to a transformation of unorganized international society into one which may be organized on any chosen level of social integration
¡ Provide stimulus for the growth of international customary law
TREATY-MAKING PROCESS
ž NEGOTIATION
¡ Undertaken directly by the head of the state but usually assigned to authorized representatives
¡ Submitting of the draft by one of the parties
¡ Counter-proposals by the other party
¡ Subsequent negotiations
ž SIGNATURE
¡ The authenticating of the instrument and for the purpose of symbolizing the good faith of the parties
ž RATIFICATION
¡ The formal act by which a state confirms and accepts the provisions of a treaty concluded by its representatives
¡ Art. VII, Sec. 21.
¢ 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.
ž EXCHANGE OF INSTRUMENTS OF RATIFICATION
¡ Signifies the effectivity of the treaty
ž REGISTRATION AND PUBLICATION
EXECUTIVE AGREEMENTS
¡ Treaty - like agreement with another country in which the President binds the country without submission to the Senate
¡ “an international agreement embodying adjustments of detail carrying out well-established national policies and traditions, and those involving arrangements of a more or less temporary nature.” [Commissioner of Custom v. Eastern Sea Trading, 3 SCRA 351]
ž Nature of Executive Agreements :
¡ 2 classes :
¢ (1) agreements made purely as executive acts affecting external relations and independent of or without legislative authorization, which may be termed as presidential agreements, and
¢ (2) agreements entered into in pursuance of acts of Congress, or Congressional-Executive Agreements.
ž TREATY DISTINGUISHED FROM EXECUTIVE AGREEMENT
¡ Executive agreements entered into by the President need no concurrence.
¢ Art. VII, Sec. 21.
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
The Constitution by Jan Christopher Elmido
CONSTITUTION DEFINED
ž A Constitution is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised [Cooley, Constitutional Limitations, p. 4]
ž That Written instrument enacted by direct participation of the people by which 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 politic. [Malcolm, Philippine Constitutional Law, p. 6]
PURPOSE
ž To prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded.
CLASSIFICATION
ž WRITTEN OR UNWRITTEN
¡ A written constitution is one whose precepts are embodied in one single document or set of documents
¡ An unwritten constitution consists of rules which have not been integrated into a single, concrete form but are scattered in various sources
¡ ENACTED (CONVENTIONAL) OR EVOLVED (CUMULATIVE)
¡ A conventional constitution is enacted, formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler
¡ A cumulative constitution is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method
ž RIGID OR FLEXIBLE
¡ A rigid constitution is one that can be amended only by a formal and usually difficult process
¡ A flexible constitution is one that can be changed by ordinary legislation
A BRIEF HISTORY OF THE CONSTITUTION
1. THE MALOLOS CONSTITUTION
ž The Philippine Revolution of 1896
ž Proclamation of Philippine Independence, at Kawit, Cavite on June 12, 1898.
ž Revolutionary Congress convention: September 15, 1898
ž President Emilio Aguinaldo’s approval on December 23 1898
ž Ratification by the Congress on January 20, 1899
ž Promulgated: January 21, 1899
2. THE AMERICAN REGIME AND THE ORGANIC ACTS
ž Treaty of Paris: December 10, 1898
ž US President Mckinley’s Instruction of April 7, 1900
ž The Spooner Ammendment: March 2, 1901
ž The Philippine Bill of July 1, 1902
ž The Jones Law (Philippine Autonomy Act) of August 29, 1916.
ž The Tydings-McDuffie Act of March 24, 1934
3. THE 1935 CONSTITUTION
ž Philippine Legislature Act No. 4125
ž Election of Delegates to the Constitutional Convention and Inauguration
ž Approval of the draft on February 8, 1935
¡ Washington DC: March 18, 1935
¡ Certified by US President Roosevelt on March 23, 1935
ž Ratification: May 14, 1935
ž Amendments
¡ 1939
¡ 1940
¡ 1947
4. THE JAPANESE OCCUPATION
ž The occupation of Manila on January 2, 1942
ž Organization of the Philippines Executive Commission on January 23, 1942
ž Executive Orders Nos. 1 and 4 in 1942
ž Inauguration of the second Philippine Republic on October 14, 1943
¡ Jose P. Laurel served as the President
5. THE 1973 CONSTITUTION
ž Resolution of both houses (RBH) No. 2 was passed on March 16, 1967, calling for a Constitutional Convention to revise the 1935 Constitution
ž Republic Act No. 6132: Constitutional Convention Act of 1970
ž Election of Delegates: November 10, 1970
ž Inauguration on June 1, 1971
ž Declaration of Martial Law: September 21, 1972
ž Approval of the Draft: November 29, 1972
ž November 30, 1972 - President Marcos’ decree setting the plebiscite on January 15, 1973
ž Postponement of Plebiscite: December 23, 1972
ž Presidential Decree No. 86: December 31, 1972
ž Organization of the Citizen Assemblies
ž PD No. 86-A – Citizens Assemblies meeting on January 10 – 15, 1973
ž Presidential Proclamation No. 1102: January 17, 1973
ž Ratification of the new Constitution by the Citizens Assemblies
ž Amendments
ž 1976
ž 1980
ž 1981
ž 1984
ž Snap presidential election of 1986
ž EDSA I – People’s Revolution: February 22 – 25, 1986
THE 1987 CONSTITUTION
1. PROCLAMATION OF THE FREEDOM CONSTITUTION
ž Proclamation No. 1: February 25, 1986
¡ President Corazon Aquino announced that she and Vice President Laurel were assuming power
ž Proclamation No.3: March 25, 1986
¡ Promulgation of the Freedom Constitution
¡ Calling of a Constitutional Commission
2. ADOPTION OF THE CONSTITUTION
ž Proclamation No. 9, creating the Constitutional Commission of 50 members
ž Approval of the draft Constitution by the Constitutional Commission: October 15, 1986
ž Plebiscite: February 2, 1987
ž Proclamation No. 58
¡ Ratification of the Constitution
ž Effectivity of the 1987 Constitution
¡ February 2, 1987, the date of the plebiscite when the people ratified the Constitution [De Leon v. Esguerra, 153 SCRA 602]
ž A Constitution is that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised [Cooley, Constitutional Limitations, p. 4]
ž That Written instrument enacted by direct participation of the people by which 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 politic. [Malcolm, Philippine Constitutional Law, p. 6]
PURPOSE
ž To prescribe the permanent framework of a system of government, to assign to the several departments their respective powers and duties, and to establish certain first principles on which the government is founded.
CLASSIFICATION
ž WRITTEN OR UNWRITTEN
¡ A written constitution is one whose precepts are embodied in one single document or set of documents
¡ An unwritten constitution consists of rules which have not been integrated into a single, concrete form but are scattered in various sources
¡ ENACTED (CONVENTIONAL) OR EVOLVED (CUMULATIVE)
¡ A conventional constitution is enacted, formally struck off at a definite time and place following a conscious or deliberate effort taken by a constituent body or ruler
¡ A cumulative constitution is the result of political evolution, not inaugurated at any specific time but changing by accretion rather than by any systematic method
ž RIGID OR FLEXIBLE
¡ A rigid constitution is one that can be amended only by a formal and usually difficult process
¡ A flexible constitution is one that can be changed by ordinary legislation
A BRIEF HISTORY OF THE CONSTITUTION
1. THE MALOLOS CONSTITUTION
ž The Philippine Revolution of 1896
ž Proclamation of Philippine Independence, at Kawit, Cavite on June 12, 1898.
ž Revolutionary Congress convention: September 15, 1898
ž President Emilio Aguinaldo’s approval on December 23 1898
ž Ratification by the Congress on January 20, 1899
ž Promulgated: January 21, 1899
2. THE AMERICAN REGIME AND THE ORGANIC ACTS
ž Treaty of Paris: December 10, 1898
ž US President Mckinley’s Instruction of April 7, 1900
ž The Spooner Ammendment: March 2, 1901
ž The Philippine Bill of July 1, 1902
ž The Jones Law (Philippine Autonomy Act) of August 29, 1916.
ž The Tydings-McDuffie Act of March 24, 1934
3. THE 1935 CONSTITUTION
ž Philippine Legislature Act No. 4125
ž Election of Delegates to the Constitutional Convention and Inauguration
ž Approval of the draft on February 8, 1935
¡ Washington DC: March 18, 1935
¡ Certified by US President Roosevelt on March 23, 1935
ž Ratification: May 14, 1935
ž Amendments
¡ 1939
¡ 1940
¡ 1947
4. THE JAPANESE OCCUPATION
ž The occupation of Manila on January 2, 1942
ž Organization of the Philippines Executive Commission on January 23, 1942
ž Executive Orders Nos. 1 and 4 in 1942
ž Inauguration of the second Philippine Republic on October 14, 1943
¡ Jose P. Laurel served as the President
5. THE 1973 CONSTITUTION
ž Resolution of both houses (RBH) No. 2 was passed on March 16, 1967, calling for a Constitutional Convention to revise the 1935 Constitution
ž Republic Act No. 6132: Constitutional Convention Act of 1970
ž Election of Delegates: November 10, 1970
ž Inauguration on June 1, 1971
ž Declaration of Martial Law: September 21, 1972
ž Approval of the Draft: November 29, 1972
ž November 30, 1972 - President Marcos’ decree setting the plebiscite on January 15, 1973
ž Postponement of Plebiscite: December 23, 1972
ž Presidential Decree No. 86: December 31, 1972
ž Organization of the Citizen Assemblies
ž PD No. 86-A – Citizens Assemblies meeting on January 10 – 15, 1973
ž Presidential Proclamation No. 1102: January 17, 1973
ž Ratification of the new Constitution by the Citizens Assemblies
ž Amendments
ž 1976
ž 1980
ž 1981
ž 1984
ž Snap presidential election of 1986
ž EDSA I – People’s Revolution: February 22 – 25, 1986
THE 1987 CONSTITUTION
1. PROCLAMATION OF THE FREEDOM CONSTITUTION
ž Proclamation No. 1: February 25, 1986
¡ President Corazon Aquino announced that she and Vice President Laurel were assuming power
ž Proclamation No.3: March 25, 1986
¡ Promulgation of the Freedom Constitution
¡ Calling of a Constitutional Commission
2. ADOPTION OF THE CONSTITUTION
ž Proclamation No. 9, creating the Constitutional Commission of 50 members
ž Approval of the draft Constitution by the Constitutional Commission: October 15, 1986
ž Plebiscite: February 2, 1987
ž Proclamation No. 58
¡ Ratification of the Constitution
ž Effectivity of the 1987 Constitution
¡ February 2, 1987, the date of the plebiscite when the people ratified the Constitution [De Leon v. Esguerra, 153 SCRA 602]
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