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Parts of Statutes Notes For Report

The document outlines the key parts of statutes: 1) The title identifies the name of the act and expresses its subject in a brief manner to prevent fraud and surprise. 2) The preamble explains the reasons for enacting the law and its objectives. 3) The enacting clause declares the law is being enacted by the proper legislative authority. 4) The body contains the substantive and procedural provisions. 5) The repealing clause announces any prior laws being abolished by the new statute.

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91 views2 pages

Parts of Statutes Notes For Report

The document outlines the key parts of statutes: 1) The title identifies the name of the act and expresses its subject in a brief manner to prevent fraud and surprise. 2) The preamble explains the reasons for enacting the law and its objectives. 3) The enacting clause declares the law is being enacted by the proper legislative authority. 4) The body contains the substantive and procedural provisions. 5) The repealing clause announces any prior laws being abolished by the new statute.

Uploaded by

Noemi May-os
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Parts of Statutes

1. Title -- The title of the statute is the heading on the preliminary part, furnishing the name by
which the act is individually known.

Requirements as to subject and title of bills:

a. One title, one subject.

Sec. 26 [1], Art. VI. Every bill passed by the Congress shall embrace only one subject
which shall be expressed in the title thereof.

This provision is mandatory and a law enacted in violation thereof is unconstitutional.

Agcaoili v. Suguitan Phil. 676 [1926]; Phil. Constitution Assn. v. Jimenez, 15 SCRA 479
(1965)

Purposes of the title requirement:

a. To prevent hodge-podge or log-rolling legislation

Hodge-podge or log-rolling legislation (i.e., omnibus bill) refers to any measure containing
several subjects on unrelated matters combined together for the purpose of securing the
support of members of the legislature severally interested in the different subjects of the
bills.

If these subjects were to be presented in separate bills, the likelihood is that none of them
might obtain a majority vote.

Libraries v. Commission on Elections, 21 SCRA 496 [1967]


Inchong v. Hernandez, 101 Phil. 1155 (1963); Municipality of Jose Panganiban v. Shell Co.
of the Phil., 17 SCRA 77 [1966]

b. To prevent surprise or fraud upon the legislature

c. To fairly apprise the people, through such publication of legislative proceedings as is


usually made, of the subjects of the legislation that are being heard thereon, by petition or
otherwise if they shall so desire

Phil. Judges Association v. Prado, 227 SCRA 703 [1993]; De Guzman v. Comelec, 336
SCRA 188 [2000]

A fourth purpose maybe added:

d. The title of a statute is used as a guide in ascertaining legislative intent when the
language of the act does not clearly state its purpose.

Subject of repeal of statute.


The repeal of a statute on a given subject is properly connected with the subject matter of a
new statute on the same subject; and therefore a repealing section in the new statute is
valid, notwithstanding that the title is silent on the subject.

When a statute repeals a former law, such repeal is the effect and not the subject of the
law, which is required to be briefly expressed in its title.

How requirement of title construed.

The constitutional requirement as to title of a bill should be liberally construed.

People v. Buenviaje, 47 Phil. 536 [1925]; Alalayan v. National Power Corp., 24 SCRA 172
[1968]

2. Preamble -- That part of the statute explaining the reasons for its enactment and the
objects sought to be accomplished.
3. 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.
4. 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.
5. 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.
6. Saving Clause -- a restriction in a repealing act, which is intended to save rights, pending
proceedings, penalties, etc., from the annihilation which would result from an unrestricted
repeal.
7. 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.
8. Effectivity Clause -- That part of the Statute which announces the effective date of the law.

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