18 September 2015PARTS OF A STATUTE

Formal or official title of the Statute

Republic Act No. 386

Long Title An Act to Ordain…Short Title Article 1Preamble Enacting clausePreliminary Title Articles 1-18

We don’t have this all the time CC consists of several parts

*Sections and subsections

Four books in the CCProvisions

BodyEffectivity clause Last page, Art 190

Code shall take effect immediatelySeparability clause No separability clause in the CC

In the event that there are unconstitutional provisions, remaining provisions not affected

Approval Approving authorityCC: 18 June 1949

Enactment of the law Laws enacted by Congress House of Reps Senate

Both bodies have to pass the lawWhat if President doesn’t sign it? (Exercising veto power)

Done by signing as well P can also not sign

o If P does not sign, time period lapses – becomes a lawo 30 days

Congress may override the veto

REPEAL1. Express Repeal

a. When specific prevision stated expressly2. Implied Repeal

a. All laws inconsistentb. Always an implied repeal clause – PH Congress too lazy to identify all laws that will be

affected

HOW DOES A BILL BECOME A LAW?1. Draft bill (anyone)2. Sponsored by legislature3. Delivery of sponsorship speech4. Move for Resolution to be referred to a Committee

a. If not approved – bill dies5. Committee will receive bill and study bill

a. Conduct of committee hearings/ deliberations6. Submission of a Committee report

a. May contain original/ revised billb. Non-endorsement to the plenary – bill dies

7. If approved – 1st reading8. Plenary to consider Committee recommendation

a. Debates9. Amendments introduced

a. WoN Committee will accept/reject amendmentb. Majority votes re: amendments

10. 2nd reading11. Final vote on the bill

May be 2 parallel bills going through the legislative processo Both Senate and Congresso 2 bills reconciled (if different)

1 committee to be constituted from both Senate and Congress Agreement: go through both Houses’ process If approved

Senate President and Speaker of the House signs Forwarded to the President for signing

How do we ascertain the intent of the legislature?

EXECUTIVE ACTS

BAYAN VS. ZAMORA1. Treaty vs. Executive Agreement

a. Treaty must be ratifiedi. President signs treatyii. President sends signed treaty to congress for ratification

iii. Ratification: executive act where formal acceptance of treaty is proclaimed