STATUTORY CONSTRUCTION 063272. By RUBEN E. 8SPALO AB, BS.J., LLB. (UP); Formerly Assistant So Commissioner of the Co Bar Examiner in Criminal Law (1987); Author: The Law of Public Officers (2002 Bd); ‘Agpalo's Legal Words and Phrases (2002 Ed); Legal and Judicial Ethics (2002 Ed.); Handbook on Civil Procedure (2001 Ed.); Handbook on Criminal Procedure (2001 Ed.): Comments on the Omiltts. Election Code (1998 Ed); Philippine Administrative Law (1999 Ed.); ‘The Law on Trademarks, Infringement and Unfair Competition (2000 Ed.); Comments on the Corpor ‘The Code of Professional Respon: Trademark Law and ‘The Law on Elections (1987 Ed.): Private Law Practitioner ‘SIXTHIEDITION 2009Philippine Copyright, 2009 by Arbeit RUBEN E. AGPALO J Steddes -fictippaus ISBN 978-971-23-5286-7 | To this book may be copied or Ruby, Rosalie, Ruben, Jr., ,, pamphlets, outlines or notes, graphed, typewritten, copied Bhodora and Rogelio proceedings with proper citation, 83 589 Any copy of this book without the corresponding number and the signature of the author on either proceeds from an illegitimate source possession of one who has no authority to di the same. ALL RIGHTS RESERVED BY THE AUTHORTABLE OF CONTENTS Chapter I STATUTES ALIN GENERAL 05. Manner of referring to statutes... B, ENACTMENT OF STATUTES 1.08. Procedural requirements in generally 1.09. Steps in the passage C. PARTS OF STATUTES 1.10. Statutes generally contDD. ISSUANCES, RULES AND ORDINANCES 2.02. }. Administrative rule " Saal distinguished .. 7 2.10. Where legislative intent is ascertained B, POWER TO CONSTRUE. Rulings of Supreme C Suda rulings have 14s 47 F. EFFECT AND OPERATION wi 141 96 155 142, 143, When local ordinate tak 100 ecm 43, When local erdinancet 1.44. Statutes continue in force until rep 101 AIDS TO CONSTRUCTION 145. Territorial and personal effoct of st 102 1.48. Manner of computing time 102 A.IN GENERAL Chapter It 187 CONSTRUCTION AND INTERPRETATION fae A. NATURE AND PURPOSE 360 2.01, Construction defined nnnne 106 12C. CONTEMPORARY CONSTRUCTION .34, Executive construction, generally; ‘Weight accords’ a ontemporencous When contemporaneous cor Leste intrpretation Chapter IV ADHERENCE TO, OR DEPARTURE FROM, LANGUAGE OF STATUTE A. LITERAL INTERPRETATION 4.01, Literal meaning or plain-meaning ral 4.02, Dura lex sed lex B, DEPARTURE FROM LITERAL INTERPRETATION 4.03. Statute must be capable of interpretation, 18. Construction in favor of right. 19. Surplusage and superfluity di 121. Obscure or missing word or false may not preclude consti 4.22. Exemption from rigid applicat 4.23. Law does not require the imy 4.24. Number and gender of wordsC. IMPLICATIONS ‘B. ASSOCIATED WORDS Noscitur a sooiis 302 425, 254 ne 426. 257 308 4.27. 259 310 4.28. 259 318 4.29. 261 318 430. 268 aa 431. 264 aad 432, 332 265 336 4.33. 265 337 4.34. oe 337 — fa .29. Qualification of the doctris 339 |. Reddendo singula singuli 339 4.36. 268 \ C. PROVISOS, EXCEPTIONS AND SAVING CLAUSES Chapter V | INTERPRETATION OF WORDS sat AND PHRASES ge A. IN GENERAL ae 269 270 345 m3 a 213 276 ( 347 211 350 2m ee 1 STATUTE CONSTRUED AS WHOLE AND am IN RELATION TO OTHER STATUTES 282 ‘A. STATUTE CONSTRUED AS WHOLE 283 j 6.01. Generally ne eee 288 6.02, Intent ascertained from statute as wl 289 6.03, Purpose or context as controlling guide. 292 6.04. Giving effect to statute as a whole 299 | 6.05. Apparently conflicting provisionsHow statutes in pari 17. Reasons why laws on same subject are reconciled. 18. Where harmonization |. Supplemental stat 5. Reenacted statute Special and general provisisns in same statet Construction as not to render provision m B. STATUTE CONSTRUED IN RELATION TO CONSTITUTION AND OTHER STATUTES Statute construed in hi the Constitutic Statutes in pari materia. Tustration of the rule Seontes statutes Chapter VII STRICT OR LIBERAL CONSTRUCTION ‘welfare or growth of civilization xe 364 365 . Penal statutes, generally. 16. Statutes granting privileges... 413 B. STATUTES STRICTLY: CONSTRUED Penal statutes strictly co 16. Legislative grants to local government aid 17. Statutory grounds for removal of offic 4143.18. Statutes relating to assessment of taxes: 1. Statutes concerning public auction sale 8.22. . Use of negative, .. Statutes prescribing pr Chapter VII: STATUTES . - A. IN GENERAL ‘When “shall” is construed as “may” and vice vers B. MANDATORY STATUTES Statutes conferring power Statutes granting benefit Statutes prescribing. Election laws on conduct C. DIRECTORY STATUTES Statutes preseribing guidance for officers Statutes prescribing manner of judicial action’ Statutes requiring rendition of decisi within preseribed petioi Constititidnal time provision directo Chapter IX PROSPECTIVE AND RETROACTIVE ‘STATUTES ALIN GENERAL 9.01. Prospective and retroactive statutes, defined... 9.24. Statutes relating to pte 9.25. Apparently conflicting deci ‘on prescription... 9.26. Prescription in eriminal 9.27. Statutes relating to appealChapter X 10.31. On jurisdiction, generally... AMENDMENT, REVISION, CODIFICATION ‘AND REPEAL 533 TO41, Repeat onal or repent aw $94 Chapter XI 535 CONSTITUTIONAL CONSTRUCTION 20. fects ofvepeal general 572"Chapter! STATUTES ALIN GENERAL 1.01. Laws, generally. jural-and generic gense refers to the whole body or passed by sanggunians of local government units. 1.02. Statutes, generally. spi. Ministry of Finance, 115 SCRA 418 (1982), Garcia-Padillav. Ponce ‘No. 61888, April 20, 1989; Aquino v. Commission on Elections, 62 SCRA 12 STATUTORY CONSTRUCTION sd by the President in the exercise of his legislative power during the revolutionary period under the Freedom Constitution Statutes may either be public or private. A public statute is one which affects the public or the whole community. A private statute is one which applies only to a specific person or subject. But whether a statute is public or private depends on substance rather than on form. Public statutes may be classified into general, special and local eral law is one which applies to the whole state and laws. is one whose operation is confined to a specific place or locality. A municipal ordinarice is an example of a local law." 1.08, “Permanent and temporary statutes. According to'its duration, a°statute may be permanent or foree for a definite period, it terminates at the end Where a statute is designed to meet an emergent the cessation of such emergency. Since an emergency is by nature ‘temporary in character, so must the statute intended to meet it, be. Pa civil ina v. Cipriano, G.R. No. 32743, February 15, 1974, 55 SORA 633, STATUTES 3 'B. Enactment of Statutes A limit in time to tide over a passing trouble may justify a law that may not be upheld as a permanent one 1,04, Other classes of statutes. In respect to their application, statutes may be prospective or retroactive. They may also be, according to their operation, declaratory, curative, mandatory, directory, substantive, remedial, and penal. In respect to their forms, they may be affirmative or negative, 1.05, Manner of referring to statutes. Batasang Painbansa are referred tons Batas Pambansa. Presidential decrees and executive orders issued by the President in the exercise {slative power are also serially numbered. Apart from its ber, a statute may also be referred to by its title. B, ENACTMENT OF STATUTES 1.06, Generally. ‘The steps and actions taken and words and language employed to enact a statute are important parts of legislative history, which are important aids in ascertaining legislative intent, in the interpretation of ambiguous provisions of the law. Hence, the study of statutory construction should begin with how a bill is enacted into law. "Homeowners Assn. ofthe Phils. v. Municipal Board of Manila, G-R. No. 23979, August 90, 1968, 24 SCRA 856.4 ‘STATUTORY CONSTRUCTION 1.07, Legislative power of Congress. Section 1 of Article VI of the Constitution provides that “the legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives, except to the extent reserved to the people by the provision on initiative and referendum.” Legislative power is the power to make, alter and repeal laws." power is “the authority, under the Constitution, local application must come from the theory that, elected as they are from of the House can be expected to be mort and problems, and Senators, who are to approach the same problem from the national perspective, both ibjects are made to bear on the enactment of STATUTES 5 1B, Bnactment of Statutes and the judiciary has nothing to interpret and apply. Thus, it has been said that es grant of legislative power means a grant of all legislative po require that the legislature enact specific laws to flesh them out, that they state that they be subject to legislations the Constitution are either self-executing or executing provisions require Congress to jut even those which are self-executing mnacting further laws to enforce the constitutional provisions within their confines, impose penalties for their violation, and supply minor details." The provisions non-self executing. 1.08, Procedural requirements in enacting a law, generally. The fundamental law prescribes the basie procedural requirements for the passage of a bill into law. It has been held that a bill may be enacted into law only in the manner the Constitution requires and in accordance with the procedure therein provided." Apart from the basic constitutional requirements, Congress provides in detail the procedure by which a bill may be enacted into law. ‘The detailed procedure is embodied in the Rules of both Houses of Congress, promulgated pursuant to the constitutional mandate ‘empowering it to determine its rules of proceedings." ¥: Cabangis, 15 Phil. 626 [1910}; Marcos. Manglapus, 177 SCRA6 STATUTORY CONSTRUCTION However, a law may not be declared unconstitutional when wssage are merely internal rales absence of any violation of the Constitution or of the rights of an individual. Courts have no power to inquire into allegations that, in enacting a law, a House of Congress failed to comply with its own rules, in the absence of a showing that there was a violation ofa constitutional provision or the rrights of private individuals. These rules are modification or waiver at the pleasure of the body. The mere failure to conform to parliamentary u invalidate the action taken by the body when the requisite number of members has agreed to a particular measure.” 1.09. Steps in the passage of bill into law. Abillis a proposed legislative measure introduced by a member ar members of Congress for enactment into law. It is signed by its a) First and second: The Secretary reports the with the amendments proposed by the Commi copies thereof are distributed and such reading ‘Thereafter, the bill will be subject to debates, pertinent motions, and amendments. After the amendments shall have been acted ‘upon, the bill yrll Be voted on second reading. A bill approved on second reading shall be included in the Calendar of bills for third ArToyev, De Veneeia, 277 CRA 268 [1997]. “Art. VI, See. 24, 1087 Constitution, STATUTES 7 B. Enactment of Statutes reading. On third reading, the bill as approved on second reading will be submitted for final vote by yeas and nays. 4) Third reading. A bill is approved by either House after it has gone three (3) readings. Section 26(2) Art. VI reads: “2) No'bill passed by either House shall become a law unless it has passed three readings on separate days, and 8 thereof in its final form have been distributed the necessity of its immediate enactment unity or emergency. Upon the last reading ent thereto shall be allowed, and the vote thereon | shall be taken immediately thereafter, and the yeas and nays entered in the Journal.” ‘The Presidential certification, as above relation to the “except” clause because the two are coordinate clauses of the same sentence. In other words, upon the certification requirements designed to insure that bills are duly considered by members of Congress.” ©) Conference committee reports. ‘The bill approved on third reading by one House is transmitted to the other House for concurrence, which will follow substantially the same route as a bill originally filed with it. If the other House approves the bill without amendment, the bill is passed by Congress "Tolentino v. Secretary of Finance, 235 SCRA 630 (1994).8 STATUTORY CONSTRUCTION differences will be settled by the Conference Committees of both Chambers, whose report or recomme! thereon will have tobe approved by both Houses in order that bby Congress and thereafter sent to the President for action. ‘The respective Rules of the Senate and the House provide for 1 conference committee. Generally, a conference committee is the mechanism for compromising differences between the Senate and ‘the House in the passage of a bill into law. However, its jurisdiction is not limited to such question. It has broader functions. Tt may to include in its report an me new either in the House bill or in the Senate bi of the legislature. ‘The broader function of a conference committee is described as follows: differences between the two houses, matter can be inserted into the conference bill. But occasionally 1 conference committee produces unexpected results, beyond its mandate. These excursions occur even where the rules impose strict limitations on conference committee jurisdiction. ‘This is symptomatic of the authoritarian power of conference committee. ‘Thus, there may be three (3) versions of a bill or revenue bill originating from the lower House. The first is that of the lower House; the second is that of the Senate; and the third is that of the conference committee. If both Houses approve the report of the conference committee adopting a third version of the bill, then it ‘Association v. Prado, 227 SCRA 708 (1998); Tolentine v, Secre- SCRA G20 (1994) inlative Law and Process: In A Nutabell, 1988 Fa, p, 1; Phil. Prado, 227 SCRA 703, 708 (1988) STATUTES 9 B. Bnyetment of Statutes is the latter that is the final version, which is conclusive under the doctrine of enrolled bill, that will be submitted to the President for approval. ‘The requirement that no bill shall become a law unless it has passed three readings on separate days and printed co 4m its final form have been distributed to the Members three days even if such report includes new provisions which have not been considered or taken up by the Senate or the lower House. All that is required is that the conference committee report be approved by both Houses of Congress. @) Authentication of bills. The lawmaking process in Congress ends when the bill is hhim has been duly approved by the legislature and is ready for his approval or rejection.» ©) President's approval or veto. The Constitution provides that “every bill passed by the Congress shall, before it becomes a law, be presented to the ‘where it originated, which shall enter the objections 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, i 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 *Tolontino v. Secretary of Finance, 235 SCRA 630 (1094). folantino v. Seeetary of Finance, ii ‘patorga v. Vilogas, 56 SCRA 714 (1974).10 STATUTORY CONSTRUCTION all such casos, the votes ofeach House shall be determined by zo nays, and the names of the Members voting for or against shall 1e House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he hhad signed it.” In other words, a bill passed by Congress becomes @ law in either of three ways, namely: (1) when the President signs it; (2) ‘when the President does not sign nor communicate his veto ofthe bill. within thirty days after his receipt thereof; and (3) when the vetoed bill is repassed by Congress by two-thirds vote of all its Members, ‘each House voting separately. C. PARTS OF STATUTES. 1.10, Statutes generally contain the following parts: stated, Preamble thus play an important role i the construction of Presidential Decrees.» 2. Title of statute. ‘The Constitution provides that “every bl passed by Congress STATUTES n C. Parts of Statutes thereof.”»’This provision is mandatory, and a law enacted in violation thereof is unconstitutional.” The constitutional provision contains of the import of the single subject thereof." a) Purposes of title requirement. ‘The principal purpose of the constitutional requirement that completely fails to apprise the legislators or the public of the nature, scope and consequences of the law or its provisions." In other words, the aims of the constitutional requirement are: “First, to prevent lec, 886 SCBA 188 (2000)Pry STATUTORY CONSTRUCTION thus precludes the insertion’of riders in legislation, s-rider being & provision not germane +o the subject matter of the bill ‘A fourth purpose may be added. The title of a statute is used as ‘a guide in ascertaining legislative intent when the language of the ‘act does not clearly express its purpose.» The title may clarify doubt or ambiguity in the meai ‘a statute, and limiting.a statute toonly one subject and expressingiit in its title will strengthen its function as an intrinsic aid to statutory construction. ‘The title of the bill is not required to be smindex to the body of the act, or to be comprehensive as to cover every single detail of the measure. It has been held.that if the title fairly indicates the general subject, and reasonably covers all the provisionsiof the act, and is not calvulated to mislead the legislature or the people, there is sufficient compliance with the constitutional requirement." 1¢ subject” rule does not require the Congress th precision legislation.» Where a law ame section or part of a statute, it suffices if reference be made to the legislation to be amended, there being no need to state the precise nature of the amendment.» b) - 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. It would be difficult to conceive of a matter more germane to an act and to “alalajan v. NPC, 24 SORA 172, 179 (1968). ‘Alalayan ¥. NPC, 4 SCRA 172, 179 [1 STATUTES 13 C. Parta of Statutes the object to be accomplished thereby than the repeal of previous legislations connected therewith. ‘The reason is that where a statute repeals a former law, such repeal is the effect and not the subject of the statute; and it is ‘the subject, not the effect of a law, which is required to be briefly expressed ints title. Ifthe title of an act embraces only one subject, it was never claimed that every other act which it repeals or alters, bby implication must he mentioned in the title of the new act. Any such rule would be neither within the reason of the Constitution, nor practical." ¢) How requirement of title construed. The constitutional requirement as to title of a bill should be liberally construed.” Itshould not be given a technical interpretation. Nor should it be so narrowly construed as to cripple or impede the power of legislation." Where there is doubt as to whether the title sufficiently expresses the subject matter of the statute, the question should be resolved against the doubt and in favor of the constitutionality of the statute. ‘The trend in cases is to construe the constitutional requirement in such a manner that courts do not unduly interfere with the enactment of necessary legislation arid to consider it sufficient if the title expresses the general subject of the statute and all its provisions are germane to the general subject thus expressed." @ When requirement not applicable. ‘The requirement that a bill shall embrace only one subject, which shall be expressed in its title was embodied in the 1935 Constitution and reenacteld in the 1973 and 1987 Constitutions. The requirement applies only to bills which may therenfter be enacted “Phil, Judges Association , Prado, 227 SCRA 703 1993), quoting Cooley, Con- station Litatons te, p30 1925}, Alalayan v. National Power Corp., 2h Tobia v. Abalos, 237 SCRA 106 5, 104 SORA 710 (1881). “Tolentino v. Secretary of Finance, 235 SCRA 630 (1904),u STATUTORY CONSTRUCTION .pply-to laws in force and existing at the time ©)” Effect of insufficiency of title. A statute whose title does not conform to the , leaving the rest in force," unless parable from the others, in which ease the nullity of the former vitiates the latter. 3. Enacting clause. ‘The endicting clauseis that partofa statute written immediately after the title thereof which states the authority by which the act is enacted. Laws passed by the Philippine Commission contain this acted by Ore Phippine Legere United States, be it enacted by the Legislature assembled and by authority of t Commonwealth, the enacting clause of statut Senate and House of Representatives ‘when the assembly became bicameral. Congress from. 1946 to 1972 and from 1987 up to the present. ‘The enacting clause adopted by the Batasang Pambansa is: “Be it enacted by the Batasang Pambansa in session assembled.” On the is worded 15 SCRA 479 (1965); Dela Cruz v, 8 Led. 405 (1881). STATUTES 6 . Parts of Statutes issued by the President in the exercise of his legislative power has this enacting clause: “Now, therefore, {, ; hereby order.” 4. Purview or body of statute. ‘The purview or body of a statute is that part which tells what ‘the law is all about. The body of a statute should embrace only one subject matter. The constitutional requirement that a bill should have only one subject matter which should be expressed in its title is, ‘complied where the provisions thereof, no matter how diverse they may be, are allied and germane to the subject and purpose of the bill or, negatively stated, where the provisions are not inconsistent, ‘with, but in furtherance of, the single subject matter." ‘The legislative practice in writing a statute is to divide an act, conduct, section imposing sanctions , transitory provision, separability-clause, repealing clause, and ef- fectivity clause. 5 Separability clause,16 STATUTORY CONSTRUCTION 6. Repealing Clause ‘When the legislature repeals a law, the repeal is notal declaration finding the earlier law unconstitutional. The declare a law unconstitutional does not lie with the legis with the courts. 7. Effectivity clause. ‘The effectivity clause is the provision when the law takes effect. ‘Usually, the provision as to the effectivity of the law states that it shall take effect 15 days from publication in the Official Gazette or ina newspaper of general circulation. 1.11. Meaning of certain bills originating from lower Bouse. ‘The procedure for the enactment of ordinary bills applies to the enactment of appropriations and revenue measures. However, they can only originate from the lower House, but the Senate may propose or concur with amendments. “Section 24. All appropriation, revenue or tariff bills, bills ining increase of the public debt, bills oflocal application, Jhall originate exclusively in the House of it the Senate may propose or concur with ‘The above provision means that the initiative for fing revenue, tariff, or tax bills, bills authorizing an inerease of the public debt, private bills and bills of local application must come from the House of Representatives on the theory that, elected as they are from the districts, the members of the House can be expected to be more sensitive to the local néeds and problems. On the other hand, the senators, who are elected at large, are expected to approach the same problems from the national perspective. Both views are thereby made to bear on the enactment of such laws. A bill originating in the hose may undergo such extensive changes in the ith ts power to propose or concur with amendments, that, bbe a re-writing of,the whole. The consti P t prohibit the filing in the Senate of substitute bill in anticipation of {ts receipt of the bill from the House, so long as action by the Senate Thfiraclv, CA, 351 SCRA 44 (2001) STATUTES 1 . Parts of Statutes as a body is withheld pending receipt of the House bill. Given the ‘power of the Senate to propose amendments, the Senate can propose its own version even with respect to matters which are required to originate in the House. The action of the Senate in the exercise of its'power not only to “concur with amendments” but also to “propose amendments” may result in the writing of a distinet bill substantially different from that which originated from the lower House. The Senate cannot be denied such power, otherwise it would violate the coequality of the legislative power of the two house of lower House superior to the Senate. Le , bills authoring an bills of local application must come from the House of Representatives. 1.12. Enactment of budget and appropriations law. ‘The badget process consists.of four major phases, namely: Budget Preparation, Budget Authorizatio cad Budget Accountability. After approval of the Department of Budget and Manageme: to Congress for evaluation and inclusion ‘i the appropriations A general appropriation bill is a special type of legislation, whose content is limited to specified sums of money dedicated to 8e6 or a separate fiscal unit. Inherent in the power of priation therein and be limited in its operation to the appropriate items to which it relates.”8 STATUTORY CONSTRUCTION ‘The enactment of an appropriation bill follows the usual route which any ordinary bill goes through in its enactment, as above discussed. 1.18. Restrictions in passage of budget or revenue bills. Revenue or appropriations bills are subject to the following restrictions or qualifications, as provided in Section 25 of Article VI, thus: 1. Budget prep: by the President and submission to Congress. — “The Congress may not increase the appropriations recommended by the President for the operation of the Government as specified in the budget. The form, content, and manner of preparation of the budget shall be prescribed by law.”* ‘Under the Constitution, the spending power known as the “power of the purse” belongs to Congress, subject only to the veto power of the President. The President the final say on the matter of appropriat ‘The power of appropriation carries with as detailed and as broad as Congress wants t to be, The Countrywide Development Fund forms part of the power of appropriation." ‘The budget preparation is prescribed in Book VI, entitled National Government Budgeting, of the 1987 Administrative Code, particularly Chapter 3, on “Budget Preparation.” shall be limited in its operation to the appropriation to which it relates.” This restriction precludes the Congress from including in the appropriations bill what is known as “inappropriate provisions.” It has been held that Congress may include special provisions, conditions td items which cannot be vetoed separately from the items to whic théy relate so long as they are “appropriate” in the "Sec. 25UH, Art. Art. VI ‘Phil, Constitution Assn. v. Enrques, 235 SCRA 506 {1994}, Bec. 2812), thi STATUTES 19 ©. Parts of Statutes budgetary sense. Other provisions, such as the repeal or amendment of a law, a provision which grants Congress the power to exercise congressional veto requiring its approval or disapproval of expenses for a specific purpose in the budget, or which is unconstitutional spending for a particular item, rider pro of legislation, and special interest py ‘can be considered as “item” and which the President may validly veto! Any provision therein which is intended to amend another lar is considered an “inappropriate provision.” The category of 3s” includes unconstitutional provisions and provisions which are intended to amend or repeal other laws, because clearly these kinds of laws have no place in an appropriations bill ‘Thus, increasing or decreasing the internal revenue allotments of the LGUs or modifying their percentage sharing therein, which are fixed in the Local Government Code of 1991, aré matters of general and substantive law: To permit Congress to undertake these amendments through the GAAS would be to give Congress the unbridledauthority to undilly infringe the fiscal autonomy-of the LGUs; and thus put the same in jeopardy every year. This cannot be sanctioned by the Court. Neither may Congress include in the appropriation bill provi- sions which restrict the fiscal autonomy of the Judiciary, the Civil Service Commission, the Commission on Elections, the Commission on Audit and:the Office of the Ombudsman, Fiscal autonomy con- templates a guarantes of full flexibility to allocate and utilize their resources with the wisdom and dispatch that their needs require, Fiscal autonomy means freedom from outside control. The imposi- tion of restrictions and:constraint on the manner the independent constitutional offices allocate and utilize the funds appropriated for their operations is anathema to fiseal autonomy and violates not oniy (of) the express mandate of the Constitution but especially as regards the Supreme Court, (of) the independence and separation of powers upon which the entire fabric of the constitutional system is based” “Phi. Cansliution Association v. Enriquee, 235 SCRA 806 [1994]. ‘Province of Batangas v- Romulo, May 27,2004. ‘Bonguon¥. Drilo, 209 SCRA 138 (1992)2 STATUTORY CONSTRUCTION 3. Procedure in approving appropriations. — The procedure in approving appropriations for the Congress shall strictly follow the procedure for approving appropriations for the other departments and agencies. 4. Special appropriation bill to spetify purpose. — “A special ‘appropriations bill shall specify the purpose for which itis intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by'a corresponding revenue proposal therein." 5. _ Restriction on transfer of appropriation; exception. — “No law shall be passed authorizing any transfer of appropriations; however, the President, the President of the Senate, the Speaker of the House of Representatives, the Chief Justice of thé Supreme Court, and the heads of Constitutional Commissions may, by law, be authorized to augment any item in the general appropriations law for their respective offces from savings in other itemis of their respective appropriations.” The officials expressly enumerated in the constitutional provision are authorized to realign savings to augment any item in the ge appropriation law itself may contain provision authorizing them to do 50." Pursuant to the foregoing constitutional provision, the Senate President and the Speaker are authorized to realign savings ‘as appropriated. While individual members may determine the necessity of realignment of savings in the allocations. of their ‘operating expenses, the final say on the matter is lodged in the Senate President or the Speaker, as the case may be, who should give his approval when two requirements are met: (1) the funds tobe realized or transferred are actually savings in the items of expenditures from which the same are to be taken; and (2)-the transfer or realignment is for the purpose of augmenting ‘expenditures to which ‘transfer or realignment is tobe made. See. Sec, ‘Phil. Assocation, Inc. v. Bnriques, 285 SCRA 608 (1894). “Id, STATUTES a Parts of Statutes The express mention of the named officials precludes the legislature from granting other officials to (realize) savings from their respective offices.” 6. Discretionary’ funds. requirements. — “Discretionary funds appropriated for particular officials shall-be disbursed only for public purposes to be supported by appropriate vouchers and subject to such guidelines as may-be prescribed by law.”* 7. Automatic re-enactment of budget. — “If, by the end of any fiscal year, the Congress shall have failed to pags the general appropriations bill for the ensuing fiscal year, the, general appropriations law for the preceding fiscal year shall be deemed reenacted and shall remain in foree and effect until the general appropriations bill is passed by the Congress.”* 8. President's veto power. — “The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item of items to which he does not object.” The President may veto not only any particular item, but also any “inappropriate” provisions in the bill. An item in a bill refers to the particulars, the details, the distinct and several parts of the bill, It is an indivisible sum dedicated to a state: in an appropriation bill means an item which appropriation of money, not some general pr ‘happens to be put into an appropriation bill.” ‘The Constitution provides that the “President shall have the items in an appropriation, not affect the item or items to which he does not object.” The power to disapprove any item or items in an appropriation bill does not: grant the authority to veto a part of an item and to approve the remaining portion of the same item. He either has to disapprove the whole item or not at all.* "*Bengzon ¥. Drilon, 208 SCRA 133 [1992] Gonzales v. Macarseg, 191 SCRA 452 (1990) “Sec. 272), Art. VI "Bengzon¥. Dron, 200 SCRA 159 (1992).2 STATUTORY CONSTRUCTION 9. Nopublicfundstobespentexcept bylaw. —Nomoney shall be paid out of the Treasury except in purstiance of an appropriation made by law." ‘The provision that “No money shall be peid out of the Treasury ‘except in pursuance of an appropriation made by law” underscores ‘the fact that only. Congress can authorize the expenditure of public funds by the passage of a law to that effect. However, the legislature is without power to appropriate public revenue for anything but fa public purpose. The test is whether the meusure is designed to promote public interests, a8 opposed to the furtherance of advantage of individuals, although it might incidentally serve the public.” 10. No public money or property for religious purposes. — No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian institution, or system of or dignitary as such, except when such priest, preacher, minister, ot dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.” ‘The prohibition that no public funds or property be paid or employed, direétly or indirectly, for the use, benefit or support of any system of religion does not apply to the temporary use of public streets or places, which are open to the public, for some teligious purposes.” Whore a religious order is given free use of water supply by a public corporation in exchange for its donatioa of a land in favor of said corporation, the prohibition does not apply because the free supply of water is not given on account of religious consideration but ‘as payment for the land donated.” Where money was appropriated for Catholic Church did not receive money for and the stamps were not issued for its benefit." ‘STATUTES 2 . Parts of Statutes 11. . Money for special purpose. — All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose’ only. Jf the puxpose for which a special fand was created has, been fulfilled or abandoned, the balance, if any, shail be transferred to the general funds of the Government. 12. Highest budgetary priority to education, directory. — Section 5(5) of Article XIV of the Constitution provides: (5). "The State shall ssign the highest budgetary prior- ity to education and ensure that teaching will attract.and re- tain its rightful share of the best available talents through ad- ‘equate remuneration and other means of job satistaction and fulfilment. Ithas been held that the above provision is merely directory. It does not tie-the hands of Congress.to respond to the imperatives of ‘he national interest and for the attainment of other state Policies or objectives. Thus, when in the 1991 budget, Congress appropriated an ‘amount bigger than that for the education, to service foreign debts, ‘the appropriation could not be assailed as unconstitutional. 1.14. Rules and records of legislative proceedings. ‘The Constitution requires that legislative proceedings be duly recorded in accordance with the rules of each of the Houses. Article VI provides: See. 16 (3) Each House may determine the rules of its Proceedings, xxx. (4) Each House shall keep a Journal of its proceedings, ime publish the same, excepting such parts snt, affect national security; and the seas Members prosent, be entered in the Journal: Bach House shall also keep a Record of its proceedings. "Soe BT, Art! VE. ‘Phil. Constitution Association v. Enrique, 235 SCRA 506 [1994]; Guingona, Jr. ¥. Carague, 196 SCRA 221 [1991].a STATUTORY CONSTRUCTION Section 26. xxx (2) _xxx 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. Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. xx x If 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. x x x 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 days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it. x xx.” 1.15, Power to issue its rules of proceedings. Each House has the power to issue its own rules of proceedings. ‘Therulesmay not, however, ignore constitutional restraints or violate fandamental rights, and further that there should be a reasonable i \d of proceedings established by wught to be attained. It is only ‘within these limitations that all matters of method are open to the determination of the Legislature. Unless the rules of proceedings have violated any of these restrictions in the enactment of a law, ‘the law may not be declared unconstitutional for not having been enacted in accordance with the internal rules. Conversely, if the internal rules violate the Constitution such rules may be declared unconstitutional. Thus, in Francisco v. House of Representatives,* in declaring certain rales of impeachment of the House of Representatives as violative of the Constitution, ‘unconstitutiondl, the Court ruled: i| = STATUTES 25 . Paris of Statutes “It 1s basic that all rules must not contravene the Con- stitution which is the fundamental law. If as alleged Congress “had absolute role making power, then it would by necessary implication have the power to alter or amend the meaning of the Constitution without need of referendum. In Osmefia v. Pendatun, this Court held tha the province of either House of Congress to interpr and that it was the best judge of what constituted “disorderly However, in Paceta v. Secretary of nts, Justice (later Chief Justice) , declared that where the camstruton ta be given to rule alts eens other than house to determine its rules of proceedings, it may not by its rules ignore constitutional restraints or violate fundamental rule and the result which is sought to be attained. It is only within these limitations that all matters of method are open to that in the Philippine setting there is even more reason for courts to inquire into the validity of the Rules of Congress, vis With due respect, I do not agree that the issues. posed by the petitioner are non-justiciable. Nor do I agree that we will trivialize the principle of separation of power if we assume principle of separation of power is no longer an impregnable impediment against the interposition of judicial power on cases, involving breach of rules of procedure by legislators. Rightly, the ponencia uses the 1891 case of US v. BallinSTATUTORY CONSTRUCTION “The Constitution, in the same section, provides, that each house may determine the rules ofits proceedings.” Tt appears that in pursuance of this authority the House had, prior to that day, passed this as one of its rules: Rule XV 3. On the demand of any member, or at the suggestion of the.Speaker, the names of members sufficient to make a quorum in the halll of the House ‘whe do not vote shall be noted by the corded in the journal, and reported to with the names of the members voting, and be count- ‘ed and announced in determining the presence of a quorum to do business. (House Journal, 230, Febru- ary 14, 1890) ‘The action taken was in direct e: ‘The question, therefore, is as to the not what methods the Speaker may of to for determining the presence of a quorum, the Speaker or clerk may oftheir own volition place upon the journal. Neither do the advantages or disadvantages, the ‘wisdom or folly, of such a rule present any matters for judicial sought to be attained. But within thes ‘of method are open to the determinat no impeachment of the rule to say bbe better, more accurate, or even mor ‘the validity of a rule that a different and in force for a length of time, The power to make rules is not one which once exercised is exhausted. It is a continuous power, always subject to be exercised by the House, and within buggested, absolute and beyond the challenge iy or tribunal. Ballin clearly confirmed the jurisdiction of courts to pass upon the validity of congressional rules, ic., whether they are constitutional. Rule XV was examined by the Court and STATUTES ” readonable relationship with . By examining Rule XV, the 1.16. Unimpeachability of legislative journals. ‘The Constitution requires that “each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, afect National Security; and the ‘yeas and nays'on any question shall, at the request of one-fifth ofthe ‘Members present, be entered in the Journal.”* ‘The Journal is regarded as conclusive with respect to matters that are required by the Constitution to be recorded therein. With respect to other matters, in the absence of evidence to the contrary, the Journals have also been accorded conclusive effect. Entries or records contained in the legislative journals are declared conclusive upon the courts: Considerations of public policy led to the adoption of the rule-giving verity and unimpeachability to legislative records. “Imperative reasons of public policy require that the authenticity of laws should rest upon public memorials of the ‘most permanent in character. They should be publie, because all are required to conform to them: they should be petmanent, that rights acquired today upon the faith of what has been declared to be law shall not be destroyed tomorrow, or at some remote period of time, by facts resting only in the memory of individuals.”* In ease of confliet between the enrolled bill and the legislative journals, it is the former that should prevail, except as to matters ‘that the Constitution requires to be entered in the journals, such as, the yeas and nays on the final reading of a bill or on any question at the request of at Teast one-fifth of the members of the House, the objections of the President to a vetoed bill or item, and the names of ‘the members voting for or against overriding his veto.” US. v. Pons, 84 Phil. 729, 735 [1916}; Morales v. Subido; 27 SCRA 11 9601 "See dissenting opinion of Justice Cruz, Telentine v. Secretary of Finance, 235 ‘SCRA, p. 7062 STATUTORY CONSTRUCTION 1.17. Enrolled bill. ‘The bill as passéd by Congress, authenticated by the Speaker and Senate President and approved by the President is known as the enrolled bill.” Under the principle of the enrolled bill, the text of the act as passed and approved is deemed importing absolute verity and is binding on the courts." Under the “enrolled bill doctrine,” the signing of a bill by the Speaker of the House and the Senate President and the certification of the Secretaties of both Houses of Congress that it was passed are conclusive of its due enactment. The but also led copy of a bill is conclusive not is due enactment. Not even cl of a statute had been “ craved” in the-printing of the bill, have moved or persuaded the court to look behind the proceedings of a co-equal branch of the government. Attempts to have the doctrine mined or relaxed has so far failed.* ‘The reason why an enrolled bill is accorded conclusive verity lies in the fact that the enrolled bill carries on its face a solemn assurance by the legislative and executive departments of the executing the laws, that it was passed by the assembly. The respect due to co-equal and independent departments requires the judicial department to act upon that.assurance, and to accept, as having passed the assembly, all bills duly authenticated.® Courts cannot go behind the enrolled act to discover what really officers of the said branches attest to as the official acts of their respective departments. Otherwise, courts would. be cast in the unenviable and unwanted role of a sleuth trying to determine what actually did happen in the labyrinth of lawmaking, with consequent impairment of the integrity. of the legislative process. For if there ia, 27 SCRA 268 (1997) Morales v. ubido, 27 SCRA 131 (1968) STATUTES 2 ©. Parts of States be danger that officials concerned may impose upon the people an act that was never passed in the form in which it is preserved in the published statutes, there will be much greater danger of permaitting the validity of a legislative enactment to be questioned by evidence furnished by the general endorsements made by clerks upon bills previous to their final passage and enrollment. Hence, if there has bbeen any mistake in the printing of the bill before it was certified by tthe officer of the assembly and approved by the chief executive, the remedy is by amendment by enacting a curative legislation, not by judicial decree. ‘The legislative journals, and the enrolled bill are both conclusive upon the courts. However, where there is a diserepancy between the journal and the enrolled bill, the latter as a rule prevails over the former, particularly with respect to matters not expressly required tobe entered into the legislative journal. 1.18. Withdrawal of authenticity, effect of. ‘The Speaker and the President of the Senate may withdraw their respective signatures from the signed bill where there is status as an enrolled bill. In such a case, wnded absolute verity as regards its text yurnal should be consulted. And where the journal discloses that substantial amendments were introduced and approved but were not incorporated in the printed text sent to the President for signature, the court can declare that the bill has not been duly enacted and did not accordingly become a law." 1.19. Summary of rules. The Court summarized the rules on internal rules of proceedings, legislative journals, and doctrine of enrolled bill, in Arroyo v. de Venecia;” as follows: Td. ‘*Casco Phil. Chemical Co, Inc. v. Gimenez, 7 SCRA $47 1963}. "Morales v. Subido, 27 SCRA ‘Astorga v. Villegas, 56 SCI 277 SCRA 268 (1957).STATUTORY CONSTRUCTION First, It is clear from the foregoing facts that what is alleged to have been violated in the enactment of R.A. are merely internal rules of procedure of the Hi Art. VI Secs, 26-27. Petitioners do not claim quorum but only thet, by some maneuver allegedly in violation ofthe rules of the House, Rep. Arroyo was effectively prevented from questioning the presence of a quorum. But the cases, both here and abroad, in varying forms of expression all deny to the courts the power to inguire into the action (taken by a deliberative body) when the number of members have agreed to a particular stated thus: and the result which is sought to be attained. But within these limitations all matters of method are open to the determination of the Hc it is no i one which once exercised is exhausted. It is a continuous Power, always subject to be exercised by the House, and STATUTES a ©. Parts of Statutes ‘within the limitations suggested, absolute and beyond the challenge of any other body or tribunal.” In this case, no'rights of private individuals are involved but only those of' member who, instead of seeking redress in ‘the House, chose to transfer the dispute to this Court. We have ‘no more power to look into the internal proceedings of a House than members of that House have to look over our shoulders, as long as no violation of constitutional provisions is shown. Second. Petitioners, quoting former Chief Justice Roberto Concepeion's sponsorship in the Constitutional Commission, contend that under Art. VII, Sec. 1, “nothing involving abuse of therefore, to the requirement of a justicial courts can adjudicate constitutional qu Uf, then, the established rule is that courts cannot declare an act of the legislature void on account merely of noncom- pliance with rules of procedure made by itself, it follows thatSTATUTORY CONSTRUCTION xxx ‘Third. Petitioners claim that the passage of he law in the House was “railroaded.” They claim that Rep. Arroyo was still ‘making a query to the Chair when the latter declared Rep. Albano's motion approved. No rule of the House of Representatives has been cited which specifically requires that in case such as this involving approval of a conference committee report, the Chair must restate the motion and conduct a viva voce o nominal voting. xxx _. Fourth, Under the enrolled bill doctrine, the signing of HLB, No. 7198 by the Speaker of the House and the President of the Senate and the certification by the secretaries of both Houses of Congress that it was passed on November 21, 1996 are conclusive ofits due enactment. Much energy and learning {is devoted in the separate opinion of Justice Puno, joined by Justice Davide, to disputing this doctrine. To be sure, there js no claim either here or in the decision in the EVAT cases [Tolentino v. Secretary of Finance] that the enrolled bill embodies a conclusive presumption. In one case we “went behind” an enrolled bill and consulted the Journal to determine whether certain provisions of a statute had been approved by the Senate. But, where as here there is no evidence to the contrary, this Court will respect the certification of the presiding officers of both Houses that a bill has been duly passed. Under this rrule, this Court has refused to determine claims that the three- fourths vote needed to pass a proposed amendment to the Con- stitution had not been obtained, because “a duly authenticated bill or resolution imports absolute verity and is binding on the courts.” xxx ‘The enrolled bill doctrine, as a rule of evidence, is well establisied. ‘It is cited with approval by text writers here and abroad. The enrolled bill rule rests on the following consider- ations: ‘As the President has no authority to approve a bill not, passed by Congress, an enrolled Act in the custody of the Secre- STATUTES 38 . Parts of Statuter tary of State, and having the offtial attestations of the Speaker of the House of Representatives, of the President of the Senate, solemn assurance by the legislative and executive departments of the government, charged, respectively, with the duty of en- acting-and.executing the laws, that it was passed by Congress. ‘The respect due to coequal.and independent departments re- quires the judicial department to act upon that assurance, and to accept, as having passed Congress, all bills authenticated in the manner stated; leaving the court to determine, when the question properly arises, whether the Act, so authenticated, is in conformity with the Constitution. Moreover, as already noted, the due enactment of the law in question is confirmed by the Journal of the House of November 21, 1996 which shows that the conference committee report on H.B, No. 7198, which became R.A. No. 8240, was approved on that day.,The keeping of the Journal is required by the Constitut Art. VI, Sec. 16(4) provides: Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; atid the yeas and nays on’any question shall, at the réquest of one-fifth of the ‘Members present, be entered in the Jouirnal. ‘The Journal is regarded as conclusive with respect to matters that are required by the Constitution to be recorded therein. With respect to other matters, in’ the absence of evidence to the contrary, thie Journals have also been accorded Inited States v. Pons, this Courtspoke of the imperatives of publie policy for regarding the Journals as “public memorials of the most permanent character,” thus: “They should be public, because all are required to conform to ‘them; they should be permanent, that rights acquired today ‘upon the faith of what has been declared to be law shall not be destroyed tomorrow, or at some remote period of time, by facts resting only in the memory of individuals.” As already noted, the bill which became R.A. No. 8240 is shown in the Journal. Hence its due enactment has been duly proven.” (277 SCRA, pp. 284-299)4 STATUTORY CONSTRUCTION D. ISSUANCES, RULES AND ORDINANCES 1.20, Presidential issuances. juances are those which the’ President issues his ordinance power. ‘They*include: executive memorandum cirewlars, and general or special orders. These {issuances have the force and effect of laws." Executive Orders are “acts of the President providing for rules of a general or permanent character in the implementation or execution of constitutional or statutory powers.” These should be differentiated from execution orders issued by the President in the exercise of his legislative power during the revolutionary period under the Freedom Constitution, for the latter are of the same ‘eategory and binding force as statutes enacted by the legislature while the former do not have such status. Administrative Orders are “acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head.” Proclamations are “acts of the President fixing a date or declaring a statute or condition of public ‘moment or interest, upon the existence of which the operation of # specific law or regulation is made to depend.”** Memorandum Orders are “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.” Memorandum Circulars are “acts of the President on matters relating to internal administration Chief of the Armed Forces of the Philippines." In David v. Arroyo, G-R. No. 171396, May 3, 2006, the Court held: ‘Anioles, GR, No. 6127, April 30, 1984, TH, Tie I, Chap. 2, 1887 Administrative Code, STATUTES 35 D. Iesuances, Rules and Ordinances ‘The President is granted an Ordinance Power under Chapter 2, Book III of Executive Order No. 292 (Administrative ‘She may issue any of the following: scutive Orders. — Acts of the President provid- ing for rules of a general or permanent character in implemen- tation or execution of constitutional or statutory powers shall be promulgated in executive orders. Sec. 3. Administrative Orders. — Acts of the President which relate to particular espect of governmental operations in pursuance of his duties as’ administrative head shall be promulgated in administrative orders. Sec. 4, Proclamations: — 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. Sec. 5. Memorandum Orders. — 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. Sec, 6, Memorandum circulars. — 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, Sec. 7. General or Special Orders, — 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. President Arroyo's ordinance power is limited to the foregoing issuances. She cannot issue decrees similar to thove issued by Former President Marcos under PP 1081. Presidential Decrees are laws which are of the same category and binding force as statutes because they were issued by the President in the exercise of his legislative power during the period of ‘Martial Law under the 1978 Constitution.6 STATUTORY CONSTRUCTION ‘The case of Ople v. Torres, G.R. No. 127686, July 23, 1998, which defines the scope of the ordinance power of the President, seeks to declare unconstitutional Administrative Order No, 308-entitled “Adoption of a National Computerized Identification Reference System” on two important constitutional grounds, namely: one, it is a usurpation of the power of Congress to legislate, and two, it impermissibly intrudes on our citizenry’s protected zone of privacy. Executive Order No. 308 dated July 12, 1996 reads: “ADOPTION OF A NATIONAL COMPUTERIZED IDEN- ‘TIFICATION REFERENCE SYSTEM WHEREAS, there is a need to provide Filipino citizens and foreign residents with the facility to conveniently transact business with basic service and social security providers and other government instrumentalities; WHEREAS, this will require a computerized system to persons seeking basic services WHEREAS, a concerted and collaborative effort among the various basie services and social security providing agencies and other government instrumentalities is required to achieve such a system; NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby direct the following: SECTION 1, Establishment of a National Computerized Identification Reference System. A decentralized Identification Reference System among the key basic services and social security providers is hereby established. SEC. 2 Inter-Agency Coordinating Committee. An Inter- ‘Agency Coordinating Committee (IACC) to draw-up the implementing guidelines and oversee the implementation of the System is hereby created, chaired by the Executive Secretary, ‘with the following as members: x xx SEC: 3. Secretariat. The National Computer Center (NCO) is hereby designated as secretariat to the IACC and as such shall provide administrative and technical support to the TACC. STATUTES a D. issuances, Rules and Ordinances SEC. 4. Linkage Among Agencies. The Population Refer- ence Number (PRN) generated by the NSO shalll serve as the common reference number to establish a linkage among con- cerned agencies. The IACC Secretariat shall coordinate with the different Social Security and Services Agencies to establish the standards in the use of Biometrics Technology and in com- puter application designs of their respective systems. SEC. 5. Conduct of Information Dissemination Campaign. The Office of the Press Secretary, in coordination with the ‘National Statistics Office, the GSIS and SSS as lead agencies and other concerned agencies shall undertake a massive tri- ‘media information dissemination campaign to educate and rraise public awareness on the importance and use'of the PRN and the Social Security Identification Reference. SEC. 6. Funding. The ftinds necessary for the implemen- tation of the system shall be sourced from the respective bud- gets of the concerned agencies. SEC. 7. Submission of Regular Reports. The NSO, GSIS and SSS shall submit regular reports to the Office of the President, through the IACC, on the status of implementation of this undertaking, SEC. 8. Effectivity. This Administrative Order shall take effect immediately. Resolving the issues raised, the Court nullified the Executive Order and ruled: “We now come to the core issues. Petitioner claims that AO. No, 308 is not a mere admitistrative order but a law and hence, beyond the power of the President to issue. He alleges that A.O. No, 308 establishes a system of identification that is all-encompassing in scope, affects the life and liberty of every Filipino citizen and foreign resident, and more particularly, violates their right to privacy. Petitioner’s sedulous concern for the Executive not to trespass on the lawmaking domain of Congress is understandable. The blurring of the demarcation line between the power of the Legislature to make Iaws and the power of the Executive to execute laws will disturb their delicate balance of power and cannot be allowed. Hence, the exercise by oneSTATUTORY CONSTRUCTION branch of government of power belonging to another will be given a stricter scrutiny by this Court, ‘The line that delineates Legislative and Executive power is not indistinct. Legislative power is “the authority, under the Constitution, to make laws, and to alter and repéal them.” ‘The Constitution, as the will of the People in their original, sovereign and unlimited capacity, has vested this power in the Congress of the: Philippines. The grant of legislative power to Congress is broad, general and comprehensive. The legislative body possesses plenary power for all. purposes of civil government. Any power, deemed to he legislative by usage and tradition, is necessarily possessed by Congress, unless the Constitution has lodged it elsewhere. In fine, excopt'as limited by the Constitution, either expressly or impliedly, legislative power embraces all subjects and extends to matters of general concern or common interest. While Congress is vested with the power to enact laws, the President executes the laws. The executive power is vested employees of his department. He has control over the executive department, bureaus and offices. This means that he has the authority to assume directly the functions of the executive department, bureau and office, or interfere with the discretion of its officials. Corollary to the power of control, the President also has the duty of supervising the enforcement of laws for ‘the maintenance of general peace and public order. Thus, he is granted administrative power over bureaus and offices under his control to enable him to discharge his duties effectively. Administrative power is concerned with the work of applying’policies and enforcing orders as determined by proper governmental organs. It enables the President to fix a uniform standard of administrative efficiency and check the official conduct of his agents. To this end, he can issue administrative orders, rules and regulations, STATUTES 9 D. Issuances, Rules and Ordinances Prescinding from these precepts, we hold that A.0. No. 808 involves a subject that is not appropriate to be covered by an administrative order. An administrative order is: “Soe. 3. Admtinistrative Orders. — Acts of the Presi- dent which relate to particular aspects of governtnental operation in pursuance of his duties ay administrative head shall be promulgated in administrative orders.” An administrative order is an ordinance: issued by the President which relates to specific aspectsin the administrative ‘operation of government. It must be in harmony. with the law and should be for the sole purpose of implementing the law that A.O. No, 308 implements the Administrative Code of 1987, The Ci general law and “incorporates in a unified document the major structural, functional and procedural principles of governance” and “embodies changes in administrative structures and procedures designed to serve the people.” The Code is divided into seven (7) Books: Book I deals with Sovereignty and General ‘Administration, Book II with the Distribution of Powers of the three branches of Government, Book III on the Office of the President, Book IVon the Hxecutive Branch, Book V on the Constitutional Commissions, Book VI on National Government Budgeting, and Book VII on Administrative Procedure. These Books contain provisions on the organization; powers and general administration ofthe executive, legislative and judicial branches of government, the organization and administration of departments, bureaus and offices under the executive branch, the organization and functions of the Constitutional Commissions and other constitutional bodies, the rules on t, as well as guidelines for agencies of quasi-legislative covers both the internal , internal organization, jon and discipline, and the effects of the functions performed by administrative officials on private individuals or parties outside government, Tteannot be simplistically argued that A.0.No, 308 merely implements the Administrative Code of 1987. It establishes for the first time a National Computerized Identification Reference System. Such a System requires adelieate adjustment of variousSTATUTORY CONSTRUCTION contending state policies — the primacy of national security, Mr. Justice Mendoza state the all-important freedom of thought. As said administrative order redefines the parameters of some basic rights of our citizenry vis-d-vis the State as well as the line that separates the administrative power of the President to make rules and the legislative power of Congress, it ought to be evident that it deals with a subject that should be covered by law. correct to argue as the dissenters do that A.O. # la borane it eonfee no seh mnpones no tion card for no one can avoid dealing with ‘thus clear as daylight that without the ID, a citizen will have difficulty exercising his rights and enjoying his privileges. Given this reality, the contention that A.0. No. 808 gives no right and imposes no duty cannot stand. Again, with due respect, the dissenting opinions unduly expand the limits of administrative legislation and consequently erodes the plenary power of Congress to make laws. This is contrary to the established approach defining the traditional limits of administrative legislation. As well stated by Fisher: “xxx Many regulations however, bear directly on the public. It is here that administrative le in its scope and application. Regulations are not supposed to be a substitute for the general policy-making that Congress enacts in the form of a public law. Although administrative regulations are entitled to respect, the authority to prescribe rrules and regulations is not an independent source of power to make laws. Supreme Court gave more substance to the right of privacy when it ruled that the right has a constitutional foundation. It STATUTES a D. Iasuances, Rules and Ordinances held that there is a right of privacy which can be found within the penumbras of the First, Third, Fourth, Fifth and Ninth Amendments, viz: “Specific guarantees in the Bill of Rights have penumbras formed by emanatiéns from these guarantees ‘that help give them life and substante x x x. Various as we have seen. The Third Amendment in its prohibition against the quartering of soldiers ‘in any house’ in time of peace without the consent of the owner is another facet of ‘that privacy. The Fourth Amendment explicitly affirms the ‘right of the people to be-secure in their persons, houses, papers, and effects, against unreasonable searches and seizures’ The Fifth Amendment in its Self-Incrimination Clause enables the citizen to create a zone of privacy which government may not force him to surrendér to his detriment. The Ninth Amendment provides: ‘The the Constitution, of certain rights, shall ed to deny or disparage others retained by In the 1968 case of Morfe v. Mutuc, we adopted the Griswold ruling that there is a constitutional right to privacy. Speaking thru ‘Mr. Justice, later Chief Justice, Enrique Fernando, we held: xxx ‘The Griswold case invalidated a Connecticut statute which made the use of contraceptives a criminal offense on the ground of its amounting to an unconstitutional invasion of the right of privacy of married persons; rightfully it stressed ‘a relationship’ lying within the zone of privacy created by several fundamental constitutional guarantees.” It has wider imp 1s though. ‘The constitutional right to privacy has protection. The language of Prof. Emerson is particularly apt: “The concept of limited government has always included. the idea that governmental powers stop short of certain i {nto the personal life ofthe citizen. This is indeed2 STATUTORY CONSTRUCTION this private sector — protection, in other words, of the dignity and integrity of the individual — has become increasingly important as modern society has developed. All the forces of cal age — industrialization, urbanization, and orga — operate to narrow the area of privacy and rrusion into it, In modern terms, the capacity to and support this enclave of between a democratic and a provisions of our Constitution. x xx 1.21, Administrative rules and regulations. STATUTES 4 D. Issuances, Rules and Ordinances cannot be repealed or amended by the latter."* ‘The rule-making power of a public administrative agency is said law (a) be complete in itself — it policy to be executed, carried vut or implemented by the delegate, and (b) fix a standard — the limits of which are sufficiently determinate or determinable ~ to which the delogate must conform the public agency to appl which the legislative co by which legislative’ purpose may be carris guidelines, promulgate the rules and regulations.‘# It has been held that the following are adequate standards: simplicity and dignity;""“4 STATUTORY CONSTRUCTION public interest public welfare; interests. of law -and order, justice and equity and substantial merit of the case; and adequate and efficient instruction. In Cemeo Holdings, Inc. v. National Life Insurance Co., G.R. No. 171816 [August 7, 2007], the Court held: Rules and regulations when promulgated in pursuance of the procedure or authority conferred upon the administrative agency by law, partake ofthenature ofa statute, and compliance ‘therewith may. be enforced, by a penal sanction provided in the law. This is co because stat usually couched in general terms, after expressing’ , Purpases, objectives, remedies and sanctions intended by the legislature, The details and the manner of carrying out the law are often times left to the administrative agency entrusted with its enforcement, ‘The Court in a case summarized the rule, as follows: “(D)he power to promulgate rules in the implementation, statute is necessarily limited to what is provided for in legislative enactment. Its terms must be followed for an istrative agency carmot amend an Act of Congress. The rule-making power must be confined to details for regulation of the mode or proceedings to carry into effect the law as it has been enacted, and it cannot be extended to amend or expand the statutory requirements or to embrace matters not covered by the statute. If'a discrepancy occurs be the basic law and an impleménting rule or regulation, prevails. The rule-making power of a ‘Aaen. of Celleges end Universities v. Secretary of Educa 806 1956), STATUTES 8 D. Tssuances, Rules and Ordinances the provisions of the Constitution or a statute, particularly the statute it is administering or which created it, or which defeat the purpose of a statute. Moreover, where the legislature had delegated to an executive or administrative officers and boards authority to promulgate to carry out an express legislative purpose, the rules of administrative officers and boards, which have the effect of extending, or which conflict with the authority-granting statute, do not represent:a valid exercise of the rule-making but constitute an attempt by an administrative body to legislate. A statutory grant of powers should not be extended by implication beyond what may be necessary for their just and reasonable execution. It is axiomatic that a rule or regulation must bear upon, and be consistent with, the provisions of the ‘enacting statute if such rule or regulation is to be valid." Mlustrations are in order. ‘The law on the Home Development Mutual Fund or Pag- IBIG Fund provides that waiver or suspension of coverage may be granted in favor of an employer and/or employee group who have issued rules and regulations, ororiding ‘that waiver or suspension of coverage would be in favor of those why have their own “provident/ ‘retirement and housing plans, deleting the word “or” from the law. ‘The board justified such rules by saying that the “and/or” grants the board the option of making it both. The Court ruled that the words all be given to both the conjunctive ‘and’ that one word or the other may be taken accordingly as one or the other will best effectuate the purposes intended by the legislature.” By deleting the word “or” and leaving only “and” in the rules and regulations, the board exceeded its rule making power by amending the law, rendering said rules null and. ‘void, for the “law obviously contemplates that the existence of either plan is considered as sufficient basis for the grant of an exemption” and “to require the existence of both plans would radically impose a "Hemecemer's Ass. v. BF Homes, Ine, 109 SCAD 27, 310 SCRA8 ‘STATUTORY CONSTRUCTION more stringent condition for waiver which was not clearly envisioned by the basi In another case, the law involved was See. 6 of R.A. No. 6646, ‘which provides in part that — “If for any reason, a candidate is not declared by final judgment before an election to be disqualified and he is voted for and receives the winning number of votes in such election, the Court. or Commission shall continue with the trial and hearing of the action, inquiry or protest and, upon motion of the complainant or any intervenor, may during the pendency thereof order the suspension of the proclamation of such candidate whenever the evidence of his guilt is strong.” ‘The Commission on Elections issued Section 5, Rule 25 of its Rules of Procedure, which provides in part that the ‘proclamation shall be suspended notwithstanding the fact that he received the ‘winning number of votes in such election,” changing the word “may” in the law by the word “shal?” in said Rule. The Court ruled that it was improper and highly irregular for the COMELEC to have used instead the word “shall” in its rules, for the word “may” indicates that the suspension of a proclamation is only directory and permissive in nature and operates to confer discretion™ while the word “shall” imports a command and requires the suspension to be mandatory. ‘The Court addéd that “being merely an implementing rule, the same ‘must not override, but instead remain consistent and in harmony with the law it seeks to apply and implement. Administrative rules, and regulations are intended to carry out, neither to supplant nor to modify, the law." 1.22, Iustrative cases on validity of executive orders, rules and regulations. Executive Secretary v. Southwing Heavy Industries, Inc. ‘The issue in Executive Secretary v. Southwing Heavy Industries, Inc., GR. No. 164171 (February 20, 2006] is whether or not the executive order banning the importation of used vehicles STATUTES ar D. Tasuances, Rules and Ordinances through the Free Trade Zone is valid. In resolving this issue, the Court: enumerated the requisites for a valid executive order or any administrative rule and discussed such requisites. The Court ruled: ___ Tobe valid, an administrative issuance, such as an execu- tive order, must comply with the following requisites: (1) Its promulgation must be authorized by the legislature; (2) It must be promulgated in accordance with the prescribed procedure; (3) _It must be within the scope of the authority given by the legislature; and - (4) It must be reasonable. Contrary to the conclusion of the Court of Appeals, EO 156 actually satisfied the first requisite of a valid administrative order. It has both constitutional and statutory bases. Delegation of legislative powers to the President is permitted in Section 28(2) of Article VI of the Constitution. It Provides: (2) The Congress may, by law, authorize the Pres- ident to fix within specified limits, and subject to such limitations and restrictions as it may impose, tariff rates, import and export quotas, tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government. The relevant statutes to execute this provision are: 1) _ The Tariff and Customs Code which authorizes the President, in the interest of national economy, general welfare and/or national security, to, inter alia, prohibit the importation of any commodity. Section 401 thereof, reads: Sec, 401. Flexible Clause. — a. In the interest of national economy, general wel- fare and/or national security, and- subject to the limitations herein prescribed, the President, upon recommendation of the ‘National Economic aud Development Authority (hereinafter referred to as NEDA), is hereby empowered: ...(2) to establish import quota or to ban imports of any commodity, as may beSTATUTORY CONSTRUCTION the importation of any equipment or raw materials or finished products. Pertinent provisions thereof, read: ART. 4. Composition of the board. The Board.of Invest representatives from the government agencies and the private sector... ART. 7. Powers and duties of the Board. (12) Formulate and implement rationalization programs for certain industries whose operation may result in disloca- tion, overerowding or inefficient use of resources, thus imped- ng ecoriomic growth. For this purpose, the Board may formu- late guidelines for progressive manufacturing programs, local content programs, mandatory sourcing requirements and dis- persal of industries. In appropriate cases and upon approval of the President, the Board may restrict, either totally or par- tially, the importation of any equipment or raw materials or finished products involved in the rationalization program; 3) Republic Act No. 8800, otherwise known as the partment of Agriculture, in their eapacity as alter egos of the President, as the implementing authorities of the safeguard measures, which include, inter alia, modification or imposition STATUTES D. Tasuances, Rules and Ordinances of any quantitative restriction on the importation of a product into the Philippines.’ The purpose of the SMA is stated in the declaration of policy, thus: SEC. 2. Declaration of Policy. — The State shall promote ‘competitiveness of démestic industries and producers based on cause serious injury to, those domestic industries and produc- ‘There are thus explicit constitutional and:statutory per- ‘mission authorizing the President to ban or regulate importa- tion of articles and commodities into the country. Anent the second requisite, that is, that the order iaust be issued or promulgated in accordance with the prescribed proco- ances requires previous notice and hearing, the only exception being where the legislature itself requires it and mandates that the regulation shall be based on certain facts as determined at an appropriate investigation. This exception pertains to the is- suance of legislative rules as distinguished from interpretative rules which give no real consequence more than what the law itself has already prescribéd;-and are designed merely to pro. vvide guidelines to the law which the administrative agency is in charge of enforcing. A legislative rule, on the other hand, is in the nature of subordinate legislation, crafted to implement a primary legislation. be duly informed, befor the issuance is given the force and ef fect of law.STATUTORY CONSTRUCTION {ban on the importation ofa specified product not previously i hil e due process requirements in tre tnce thereof are enbodied in Secion 401 ofthe Tarif ‘and Customs Code and Sections 5 and 9 of the SMA which es- sentially mandate the conduct of investigation and public hear- ings before the regulatory measure or importation ban may be issued. In the present case, respondents neither questioned before this Court nor with the courts below the procedure that paved the way for the issuance of EO 156. What they challenged in their potitions before the trial court was the absence of “substantive due process” in the issuance of the EO. Their main contention before the court a quo is that the importation ban is logical and unfair because it, unreasonably drives them out of business to the prejudice of the national economy. Considering the settled principle that in the absence of strong evidence to the contrary, acts of the other branches of the government are presumed to be valid, and there being no objection from the respondents as to the procedure in the promulgation of EO 156, the presumption is that said executive issuance duly complied with the procedures and limitations imposed by law. To determine whether EO.156 has complied with the of the ns a Freeport purpose of the importation ban under the questioned EO is necessary. RA 7227 was enacted providing for, ainong other things, the sourid and,balanced conversion of the Clark and Subic military résetVations and their extensions into alternative productive uses in the form of Special Economic and Freeport Zone, or the Subic Bay Freeport, in ordet to promote the ‘economic and social development of Central Luzon in particular and the country in general. STATUTES ou D. Teauances, Rules and Ordinances ‘The Rules and Regulations Implementing RA 7227 specif- ically defines the territory comprising the Subic Bay Freeport, referred to as the Special Economic and Freeport Zone in See- tion 12 of RA 7227 as “a separate customs territory consisting of the City of Olongapo and the Municipality of Subic, Province of Zambales, the lands occupied by the Subic Naval Base and its contiguous extensions as embraced, covered and defined by the 1947 Philippine-U.S. Military Base Agreement as amended and within the territorial jurisdiction of Morong and Hermosa, Provinee of Bataan, the metes and bounds of which shall be de- entire SBF, the SBF shall refer to the area demarcated by the SBMA pursuant to Section 13 hereof.” Among the salient provisions of RA 7227 are as follows: SECTION 12. Subie Special Economie Zone. ~ xxx xxx ‘The abovementioned zone shall be subject to the following policies: (a) Within the framework and subject to'the mandate and imitations of the Constitution and the pertinent provisions the Local Government Code, the Subic. Special Economic shall be developed into a self-sustaining, industrial, commercial, financit investment center to generate employment opportunities in and around the zone and to attract and promote productive foreign investments; (b) The Subic Special Economic Zone shall be operated and managed as aseparate customs territory ensuring free flow or movement of goods and edpital within, into and exported out ofthe Subic Special Economic Zone, as well as provide incentives such as tax and duty-free importations of raw materials, capital and equipment, However, exportation or removal of goods from the territory of the Subic Special Economic Zone to the other arts of the Philippine territory shall be subject.to customs duties and taxes under the Customs and Tariff Code and other relevant tax laws of the Philippines;STATUTORY CONSTRUCTION ‘The Freeport was designed to ensure free flow or move- ‘ment of goods and capital within a portion of the Philippine territory-in order to attract investors to invest their capital in a business climate with the least governmental intervention. "The concept of this zone was explained by Senator Guingona in this wise: that the commercial of banks, services, financial’ institutions, agro-industrial activities, maybe agriculture to a certain extent. ‘This delineates the activities that would have the least of government intervention, and the running of the affairs of the special economie zone would be run principally by the investors themselves, similar to a housing subdivision, where the subdivision owners elect their representatives torun the affairs of the subdivision, to set the policies, to set the guidelines. We would like to see Subic area converted into a little Hong Kong, Mr. President, where there is a hub of free port and free entry, free duties and activities to a maximum spur generation of investment and jobs. While the investor is reluctant to come in the Philippines, as a rule, because; ape and perceived delays, we envision ‘his special econo: ‘to be an area where there will be minimum government interference. ‘The initial outlay may not only come from the Government or the Authority as envisioned here, but from them themselves, because they would be encouraged to invest not only for the land but also for the buildings and factories. As long as they are convinced that in such an area they cari do business and reap reasonable profits, then many from other parts, both local and foreign, would invest, Mr. President. (Emphasis, added) With..ininimum interference from the government, investdrs can, in general, engage in any kind of business as well as import and export any article into and out of the Freeport. ‘These are among the rights accorded to Subic Bay Freeport Enterprises under Section 39 of the Rules and Regulations Implementing RA 7227, thus — STATUTES 58 D. Issuances, Riles and Ordinances SEC. 39, Rights and Obligations. — SBF Enterprises shall have the following rights and obligations: a, To freely engage in any business, trade, manufac- ‘uring, financial or service activity, and to import and export, freely all types of goods into and out of the SBF, subject to the provisions of the Act, these Rules and other regulations that may be promulgated by the SBMA; Citing, inter alia, the iaterpellations of Senator Enrile, petitioners claim that the “free flow or movement of goods and capital” only means that goods and material brought within the Freeport shall not be subject to customs duties and other taxes and should not be construed as an open floodgate for entry of all kinds of goods. They thus surmise that the importation ban ‘on motor vehicles is applicable within the Freeport. Pertinent interpellations of Senator Enrile on the concept of Freeport is as follows: Senator Enrile: Mr. President, I think we are talking here of sovereign concepts, not territorial concepts. The concept that ‘we are supposed to craft here is to carve out a portion of our terrestrial domain as well as our adjacent waters and say to ‘the world: “Well, you can set up your factories in this area that we are circumscribing, and bringing your equipment and bringing ‘your goods, you are not subject to any taxes and duties because you are not within the customs jurisdiction of the Republic of the Philippines, whether you store the goods or only for purposes of transshipment or whether you make them into finished products again to be reexported to other lands.” xxx xXx ‘My understanding of a “free port” is, we are in effect carving out a part of our territory and make it as if it were foreign territory for purposes of our customs laws, and that people can come, bring their goods, store them there and bring them out again, as long as they do not come into the domestic commerce of the Republic. ‘We do not really care whether these goods are stored here. The only thing that we care is for our people to have an employment because of the entry of these goods that are being discharged, warchoused and reloaded into the ships so thatSTATUTORY CONSTRUCTION they can be exported. That will generate employment for us. For as long as that is done, we are saying, in effect, that we have the least contact with our tariff and customs laws sod our tax laws, Therefore, we cansider these goods 3 04 the customs jurisdiction ofthe Republic of the Philippines as ‘yet, until.we draw them from this territory and bring them inside our domestic commerce. In which case, they have to pass entire area and convert it into this kind of concept. However, contrary to the claim of petitioners, there is, nothing in the foregoing excerpts which absolutely limits the incentive to Freeport investors only to exemption from customs duties and taxes. Mindful of the legislative intent to attract investors, exhance investment and boost the economy, the legislature coula not have limited the enticement only to ‘exemption from taxes. The minimum interference policy of the government on the Freeport extends to the kind of business that investors may embark on and the articles which they may import or export. into and out of the zone. A contrary interpretation would defeat the very purpose of the Freeport and drive away investors, Tt does not mean, however, that the right of Freeport en- terprises to import all types of goods and article is absolute, Such right is of course subject to the limitation that articles absolutely prohibited by law cannot be imported into the Free- port. Nevertheless, in determining whether the prohibition ‘would apply to the Freeport, resort to the purpose of the prohi- bition is necessary. In issuing EO 156, particularly the prohibiti tation under Article 2, Section 3.1, the President ems to rationalize the importation of used motor vehicles to enhance the capabilities of the Philippine motor manufactur- ing firms to be globally competitive producers of completely build-up units and their parts and components for the local and export markets. In justifying the issuance of EO 156, pe- titioners alleged that there has been a decline in the sales of new-vehicles and 4 remarkable growth of the sales of imported ‘used motor vehicles. To address the same, the President issued the questioned EO to prevent further erosion of the already depressed market base of the local motor vehicle industry and STATUTES 55 D. lasvances, Rules and Ordinances to curtail the harmful effects of the increase in the importation ‘of used motor vehicles. ‘Taking our bearings from the foregoing discussions, we hold that the importation ban runs afoul the third requisite for a valid administrative order. To be valid, an administrative istuance must not be ultra vires or beyond the limits of the authority conferred. It must not supplant or modify the Consti- tution, its enabling statute and other existing laws, for suclris the sofe fanction of the legislature which the other branches of the government eannot usurp. As held in United BF Homeown- e's Association v. BF Homes, Inc.: ‘The rule-making power of a public administrative body is a delegated legislative power, which it miay not use efther to abridge the authority given it by Congress or the Constitution or to enlarge its power beyond the scope intended. Constitu- tional and statutory, provisions control what rules and regu- lations may be promulgated by such a body, as well as with respect to what fields are subject to regulation by it. It may not make rules and regulations which are inconsistent with the provisions of the Constitution or a statute, particularly the statute it is administering or which created it, or which are in izing the President to regulate or forbid importation of used jomestic industry. EO 156, however, ex- on the importation of used cars to the Freeport, syhich RA 7227, considers to some extent, a foreign territory. ‘The domestic in- dustry which the EO secks to protect is actually the “customs territory” which is defined under the Rules and Regulations Implementing RA 7227, as follows: “The portion of the Philippines outside the Subic Bay Freeport where the Tariff and Customs Code of the Philippines and other national tariff and customs laws are in foree and effect.” ‘The proscription in the importation of used motor vehicles should be operative only outside the Freeport and the inclusion of said zone within the arabit of the prohibition is an invalid modification of RA 7227. Indeed, when the application of an administrative issuance modifies existing laws or exceeds the intended scope, as in the instant case, the issuance becomes‘STATUTORY CONSTRUCTION ‘eid not only for being ultra vires, but also for being unreason- ‘This brings us to the fourth requisite. It is an axiom in administrative law that administrative authorities should not they were authorized to be issued, then they must he held to be invalid. ‘Taere ia no doubt thet the iamanee of the ban to protect lice power. The regulation was sustained as reasonable holding ‘that the purpose thereof was to promote the convenience and comfort and protect the safety of the passengers. ‘The problem, however, lies with respect to the application Frspon oul subvert the avowed purpose of RA 7227 which is to create.a market that would draw investors and ultimately boost the national economy. In similar cases, we also declared void the administrative issuance or ordinances concerned for being unreasonable. To STATUTES or D. Tesuances, Rules and Ordinances illustrate, in De la Cruz'v. Paras, the Court held as unreason- able and unconstitutional an ordinance characterized by over- breadth, Ii that case, the Municipality of Bocaue, Bulacan, prohibited the operation of all night clubs, cabarets and dance halls within its juriadietion for the protection of public morals. As explained by the Court: . It cannot be said that such a sweeping exercise of a lawmiaking power by Bocaue could qualify under the term reasonable. The objective of fostesing public morals, ‘worthy and desirable end can be attained by a measure ‘by reasonable restrictions rather than by an absolute pro- hibition. The admonition in Salaveria should be heeded: “The Judiciary should not lightly set aside leg- vestments made and salaries to be earned by those therein employed. _Lupangco v. Court of Appeals, isa case involving a resolu- ‘being unreasonable on its face and violative of academic free- dom, the measure was found to be more sweeping than what was necessary, viz: Needless to say, the enforcement of Resolution No. themselves with al that they have learned in the reviewSTATUTORY CONSTRUCTION lasses and preparing their mental and psychological make-up for the.examination day itself — would be like uprooting the tree to get rid of a rotten branch. What is, needed tobe done by the respondent.is to find out the souree of-such leakages and stop it right-there. [corrupt officials or personnel should be. terminated from their loss, then so be it. Fixers or swindlers should be flushed ‘out, Striet guidelines to he observed by examiners should bbe det up and if violations ate cbmihitted, then licenses should be suspended or fevoked. In Lucena. Grand Central Terminal, Ine. v.JAC Liner, Inc., the Court likewise struck down as unreasonable and over- breadth a city ordinance granting an exclusive franchise for 25 years, renewable for another 25 years, to one entity for the construction and operation of one common bus.and jeepney ter- minal facility in Lucena City. While professedly aimed towards alleviating the trafic-congestion-alleged to have been caused by the existence of various bus and jeepney'terminals within the city, the ordinance: was held to be beyond what is reason- ably necestary taolvethi trac problain the city. By, parity of reasoning, should also be declared void, sary application to the objective of the prohibiti the entry of used m« toms territory, the s cles into the Freeport, but to intensify goverrimental campaign and nieagures to Uhwart illegal ingress of used motor vehicles into the customs territory. DAR v. Sutton In DAR v. Sutton, [G-R. No. 162070, October 19, 2005}, the issue was whether DAR A.O. No. 9 fixing the.retention limits of lands devoted to livestock farming is constitutional. In declaring DAR A.O. No.9 as unconstitutional, the Court ruled: Administrative agencies are “endowed with powers legislative. in’ nature, i.e, the power to ‘make rules and regulations. They have been granted by Congress with the authority to: issue rules to. regulate the implementation of a law entrusted to them: Delegated rule-making has become a Practical necessity in modern governancedlue to the increasing STATUTES 59 DD. Iarunnees, Rules and Ordinances complexity and variety of public functions. However, while ‘administrative rules and regulations have the force and effect of law, they are not immune from judicial review. They may be properly challenged before the courts to ensure that they do not violate the Constitution and no grave abuse-ofadministrative Aineretion commited bythe aminntrative bey concerned. tuthorty ofa law and must not contravene the provisions of the Constitution. The rule-making power of an administrative agency may not be used to abridge the authority given to it by Congress or by the Constitition. Nor can it be tsed to enlarge the power of the administrative agency:beyond* the scope intended. Constitittional and statutory provisions control with respect to what rules and regulations may be promulgated by dministrative agoncios and thesope of thelr regulations Tegulate livestock fama by including them in tho coro of agrarian reform and prescribing a maximum retention limit for their ownership. However, the deliberations’ of the 1987 Constitutional ‘Commission show a clear intent to exclude, and poultry-raising. The Court clarified in the Luz Farms case that livestock, swine and poultrj-raising are indistrial activities and do not fall within the definition of “agriculture” or “agricultural activity.” The raising of livestock, switie and poultry is different from crop or tree farming. tis an industrial, not an agricultural, activity. A great portion of the investment in this enterprise is in the form of industrial fixed assets, such as: animal housing:structures and facilities, drainage, waterers and blowers, feed mill with grinders, mixers, conveyors, exhausts and generators, extensive warehousing facilites for feeds and other supplies, anti-pollution equipment like bio-gas and digester plants augmented by lagoons and concrete ponds, deep wells, elevated water tanks, pump houses, sprayers, and other technological appurtenances. Clearly, DAR has no power to regulate livestock farms which ‘have been exempted by the Constitution from the coverage of agrarian reform. It has exceeded its power in issuing the assailed A.O.Cy STATUTORY CONSTRUCTION ‘The subsequent case of Natalia Realty,. Ine.: ve DAR endy clasts fed residential lands, A similar: logical deduction should be followed in the business interest in the case of respondents. ‘Maxima Realty Management Maximo Realty Management,and Dev. Corp. v. Parkway Real Estate Dev. Corp., {G.R, No. 186492, February 13, 2004) raises the issue as to whether an administrative rule prescribing a period of 80 days to appeal a decision to the Office of President prevails STATUTES 6 D. Iesuances, Rules and Ordinances over-a Presidential Decree providing that appeal from said agency to the Office of the President is 15 days: The Court ruled that the Presidential Decree, which is a law, prevails and the administrative rule is void. ‘Wenote that indeed there are special laws that mandate a consistent with [the] statute itself is null and void. In this case, petitioner received a copy of the decision of 10995 or twenty-eight days from receipt of the appealed decision, which is obviously filed out of time. 1.23. Administrative rule and interpretation distinguished. ‘There is a distinction between an administrative rule or regu- lation and an administrative interpretation of a law whose enforee-e STATUTORY CONSTRUCTION ment is entrusted to an administrative body. When an administra- tive interpretation of the law is at best merely advisory, for itis the courts that finally determine what the law tneans.* Administrative construction is not necessarily binding upon the courts. Action of an administrative agency may be disturbed or fe by the judicial department if there is an error of law, or power or lack of jurisdiction or grave abuse of discretion clearly conflicting with either the letter or spirit of a legislative enactment." 1.24. Supreme Court rule-making power. ‘The 1987 Constitution grants the Supreme Court the power to “promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of all be uniform for all courts of the same grade, and shall not Tt has been held that a statute which provides that a decision of a quasi-judicial body be appealable directly to the Supreme Court, if enacted without the advice and concurrence of the Supreme Court, ‘Appeals shall apply. rule-making power, the Supreme.Court adopted vil Procedure and introduced new provisions to, from Rules 1 to.71, which now form part of the Rules of Court. The 1997 Rules of Civil Procedure were promulgated by the Supreme Court in the exercise of its rule-making power. The rule-making power of the Supreme Court includes the power to repeal procedural laws, such as those which prescribe the method of enforcing rights or obtaining redress for their invasion. Parts of statutes which deal ‘with procedural aspects can be modified or repealed by:the Supreme Court by virtue of its constitutional rule-making. power, such as ‘when it made uniform the rules on appeal from quasi-judi to the Court of Appeals by repealing the procedural provisions of RA. No, 7902, RA. No. 1128, 5440, and RA. No. 5434. making power, does not have the power to promulgate rules which are substantive in nature. Whether a rule prescribed by the Supreme Court is procedural or substanti really regulates procedure, that al process for enforcing rights and duties recognized by substantive Jaw and for justly administering remedy and redress for a disregard or infraction of them. If it takes away vested right, it is not procedural. If the rule creates right such as the right to appeal, it is substantive; but if it operates as a means of implementing an existing right then the rrule deals merely with procedure. Where to prosecute an appeal or transferring the venue of appeal is procedural, such as decreeing that appeals from decisions of the Ombudsman in administrative actions be made to the Court of Appeals or requiring that appeals, from decisions of the NLRC be filed with the Court of Appeals.ot STATUTORY CONSTRUCTION 1,25. Legislative power of local government units. ‘The legislative power of local government units refers to the and that they meet the substantive requisites for their validity. In Lageao v. Labra, GR. No. 155746, October 13, 2004, the Court outlinéd the requirements for a valid ordinance. It held: “For an ordinance to be valid, it must not only be within the corporate powers of the city or municipality to enact but aust also be passed ‘cording to the procedure preserve ed by be general and consistent with publle policy; and (6) must not be unreasonable.” 126. Barangay ordinance. ‘The smallest legislative body is the sangguniang barangay. It may pass an ordinance affecting a barangay by majority vote of all its members. A barangay ordinance is subject to review by the sangguniang bayan ot scngguniang panlungsod, as the ease may be, to determine whether it is consistent with law or with municipal effectivity ofthe ordinance is suspended. "Goce, 54 and 57, Local Government Code of 1981 (Rp. Act No, 7160). STATUTES 6 D. Issuances, Rules and Ordinances 1.27, Municipal ordinance. ‘The power to enact municipal ordinance is lodged with the it shall be presumed constant with law and Cherefre vad 1.28. City ordinance. ‘The power to pass city ordinance is vested in the sangguniangoe ‘STATUTORY CONSTRUCTION 1.29, Provincial ordinance. ‘The sangguniang panlalawigan, as.the legislative body of a province, may by a vote of a majority of the members present, there being a quorum, enact ordinances. affecting the province.’ The ordinance is then forwarded to the governor who, within fifteen days by a two-thirds vote of all its members.* E. VALIDITY OF STATUTE 1.80. . Presumption of constitutionality. Every statute is presumed valid. The reason lies in the very which the law is passed, and the chief executive, by whom the law is. approved, to presume of its constitutionality.." An act of the legislature, approved by the President, is presumed to be within the constitutional limitations, For the responsibility of upholding the Constitution rests not on the courts alone but on the legislature and executive as well. ‘The function of the legislature ¢o legislate law.is primary, its ‘exercise fortified by presumption: and legality, and is not tobe interfered with lightly, nor by any judicial conception of its wisdom or propriety." To declare a law unconstitutional, the repugnancy of the law to the Constitution must be clear and unequivocal. To strike down a law, there must be a clear showing that what the "Uy Cong Eng v. Trinidad, 47 Phil 886 (1926) STATUTES o E, Validity of Statute fundamehtal'law condemns or prohibits, the statute’allowsit to be done. “Thus, to justify the nullification of a law, there-must be a clear and uneiuivocal breach of the Coristitittion, not a doubtful and jon.“There is: practically unanimity among invalid unless the conflict with the Constitution is clear beyond a reasonable doubt.”cAll.reasoriable-doubts should be: resolved in favor of the constitutionality of law. To doubt is to sustain." ‘The final authority to declare a law unconstitutional is the Supreme Coutt en bane by “the concurrence of a majority of the Members:who actually took part in-the deliberations'on the issues, in the case.and voted thereon.” Nonetheless, trial courts have jurisdiction to initially decide the issue of constitutionality of a law ‘in appropriate cases, In this connection, the Supreme Court has aptly remarked: “In the exercise of this jurisdiction, lower courts are advised to act with the utmost cireumspection, bearing in mind the consequences of a declaration of unconstitutionality upon the stability of laws, no'less thanon the déctzine of separation of powers. As the questioned act is usually the handiwork of the legislative or the executive departments, or both, it will be prudent for such courts, if only out of a’becoming modesty, to emphasized that every court, inclu: charged with the duty of a purposeful hesitation before declaring a law nconstitutionsl, on the theory that the measure was first carefully studied by the executive.and the legislative departments and determined by them to be in accordance with the fundamental law before it.was. finally approved. To doubt is to sustain. The presumption of constitutionality No, 29788, August a 258,278 SCRA 164 (99%), ‘art, VII, See 42), Constitution.a STATUTORY CONSTRUCTION ‘can be overcome only by the clearest showing that there was indeed an infraction of the Constitution, and only when suich a conclusion is reached by the required majority may the Court pronounce, in the discharge of the duty it cannot escape, that the challenged act must be struck down.” 181, Requisites for exercise of judicial power. order to decide the case.™ 1.82. Appropriate case. are ripe for resolution. On¢ to rule on are “political questions.” The reason is that political US, 46, 651. od. 246 1911). ‘and Universities v. Seeretary of Education, 97 Phil. STATUTES cy E. Validity of Statute part of any branch or instrumentality of the Government." 1.88, Standing to sue. “Legal standing” or locus standi has been defined as a personal and substantial interest in the case such that the party has sus- tained or will sustain direct injury as a result of the governmental act that is being challenged. The térm “interest” means a material assure concréte adverseness which sharpens the presentation of is- sues upon which the court depends for illumination of difficult con- stitutional question. A citizen acquires standing only if he can establish that he hias suffered some actual or threatened injury as a result of the allegedly illegal conduct of government; the injury is fairly traceable to the challenged action; and the injury is likely to be redressed by the law or the Constitution. A taxpayer’s suit is properly brought (ano, ees Bar ofthe Pips v. Zamora, 13 SCAD 60, $38 SCRA St ano, seat Ba ofthe Philipines v. Zamor, 181 SCAD 800, 838 SCRA 81 0).0 STATUTORY CONSTRUCTION power. : ____ Not every person or taxpayer can question the consttutional- ity ofa law. The rule is that a person who questions the validity of a statute must show that he has sustained, or is in immediate danger dispute which serves in part to cast resolution. When the asserted the petition challenging the validity of a law states no cause of ac- tion and should be dismissed." In the determination of the degree of interest essential to give the requisite standi ttack the constitutionality of a statute, the general rule is that not only persons individually affected but also taxpayers have sufficient interest in preventing the illegal ex- penditure of moneys raised by taxation and may therefore question dity of laws requiring expenditure of public moneys.™ Tax- payers may bring an action to restrain officials from wasting pub- lie funds through the enforcement of an invalid or unconstitutional inicipal Counel of Mandaluyong, 98 Phil. 409 1966). jon Assn, Inc. ¥, Gimenez, GR. No. 23326, sitution Assn, Inc. ¥. Mathay, G.R. No, 25554, October 4, 1986, tal, GR. No, 84161, February 28, 1972, 48 SCRA 617. there is no all specific provision of the Constitution or that there is misapplication of public funds, or that public money is being deflected to any improper purpose, or where petitioner does not seek to restrain the public officials concerned from wasting public funds through the enforcement of an invalid or unconstitutional law.’ But even if the challenged statute involves the expenditure of public funds or there is allegation concerning the misapplication of public money through enforcement of an invalid law, it does not necessarily follow that the taxpayers’ suit will be given due course, for whether or not the court will entertain the suit is a matter of judicial discretion It has been held that a member of the Senate or of the House of Representatives has the legal standing to question the validity of a presidential veto or a condition imposed on an item in az appropriations bill. When the veto is claimed to have been made without or in excess of the authority vested in the President by the Constitution, the issue of an impermissible intrusion of the Executive into the domain of the Legislature arises. To the extent that the powers of Congress are impaired, so is the power of each member thereof, since his office confers a right to participate in the which inj nonetheless substantial injury, which can be questioned by a ‘member of Congress. In such a ease, any member of Congress can resort to the courts." ‘The Supreme Court may, in its discretion, take cognizance of a suit which does not satisfy the requirement of legal standing. Tn not a few cases, the Court has adopted a liberal attitude on the may brush aside technicalities of procedure, as when the has advanced constitutional issues which deserve the2 STATUTORY CONSTRUCTION of the Court in view of their seriousness, novelty and weight as Or he law fs enough toawaken jude duty. Said the Court Jn seeking to nullify an act ofthe Pippin Senate on As this Cqurt has repeatedly and firmly emphasized in many cases, it fill not shirk, digress from or abandon its sacred duty and authority to uphold the Constitution in matters that "Hintagrated Bar of the Philippines v, Zamore, 191 SCAD 800, $38 SCRA 81 (2000) STATUTES a B, Validity of Statute involve graveabuse of discretion brought beforeit in appropriate cases, committed by any officer, agency, instrumentality or department of the government.” In the same vein, the Court also held in Tatad v. Secretary of the Department of Enerigy: “x x x Judicial power inchides not énly the duty of the the statute violates the Constitution, it isnot only the right but the duty of the judiciary to declare such act unconstitutional and void.” 1.84, When to raise constitutionality. Well-entrenched in constitutional law is the precept that constitutional questions will not be entertained by courts unless they are specifically raised, insisted pon, and adequately argued.” ‘There are certain exceptions to the rue requiring that the question of validity of a statute must be raised at the earliest ‘People 68 Pai 00 000) Macendray& Gx. Beni 62u STATUTORY CONSTRUCTION when the complaint was filed or during the trial. The question of validity may also be raised in criminal cases at any stage of the proceedings or on appeal, in civil eases where it appea a determination of the question is necessary to a. decision, and in cases where it involves the jurisdiction of the court below. By the same token, when an act of the constitutional scheme is a co-equal of Congre: to have infringed the Constitution and the Ia case, settling the dispute becomes the duty and the responsibility of the courts. 1.35. Necessity of deciding constigationslty, confront the question and decide the caso on the merit Nor will the court,pass upon the validity of a statute where the issue raised in the case has apparently become moot. In such an event, the court will dismiss the ease on such ground.» adherence to the strict procedural standard may be relaxed and the court, in its discretion, may squarely decide the case. And where the question of validity, though apparently has become moot, has become of paramount public interest and there is undeniable neces- sige! Borns me ¥. Magno, GR. 21 SCRA 202 ‘w-Dumlao v. Commission ot Elections, G.R. No, 62245, January ‘SCRA 392; Tinto v. Mina, GR No, 29488, December 24, 1968, 26 SCRA 512. STATUTES 6 B, Validity of Statute sity for a ruling, strong reasons of public policy may demand that its constitutionality be resolved." f a statute has not been challenged statute has been accepted as valid in cases where its validity was not raised, prevent the court from later passing on its constitutionality, where that question is squarely and properly raised. Such circumstances merely reinforce the presumption of constitutionality of the law. 1.86. Summary of Essential Requisites for Judicial Review. In Francisco, Jr. v. House of Representatives, G.R. No. 160261, ‘November 10, 2003, the Court summarized the essential requisites for judicial review, as follows: “As dearly stated in Angara v. Electoral’ Commission, possible opportunity, and (4) the isste of constitutionality must be the very lis mota of the case. x xx Even then, this power of judicial review is limited to actual cases and controversies to be exercised after full opportunity of argument by the parties, and limited further to the constitutional question raised or the very lis mota presented. Any attempt at abstraction could only lead to dialectics and barren legal questions and to sterile conclusions ‘unrelated to actualities. Narrowed as its function, is in this manner, the judiciary does not pass upon questions of wisdom, justice or expediency of legislation. More than that, courts November 20,1918, 88 SCRA 413.STATUTORY CONSTRUCTION accord the presumption of constitutionality to legislative enactments, not only because the legislature is presumed to abide by the Constitution but aleo because the judiciary in the determination of actual cases and controversies must reflect the wisdom and justice of the people as expressed through their representatives in the executive and legislative departments of the government. Locus standi or legal standing or has been defined as a personal and sul interest in the case such that the party has sustainéd or will sustain direct injury as a result of the governmental act that.is being challenged. The gist of the question of standing is whether a party alleges such personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court depends for illumination of dificult constitutional questions. Intervenor Soriano, in praying for the dismissal of the petitions, contends that petitioners do not have standing since only the Chief Justice has sustained and'will sustain direct personal injury. Amicus jer Justice Minister and Solicitor General Estelito Mendoza similarly contends. Upon the other itor General asserts that petitioners have ster this Court had, in the past, xyers, voters, concerned citizens, paramount public interest and transcendental importance, and that procedural matters are subordinate to the neéd to determine whether or not the other branches of the government have kept themselves within the limits of the Constitution and the laws and that they have not abused the discretion given to them. Amicus curiae Dean Raul Pangalangan of the U.P. College of Law is of citing transcendental importance and the well- rule exception that, when the real party in interest is unable to vindicate his rights by seoking the same remedies, as in the case’ofthe Chief Justice who, for ethical reasons, cannot himself invoke the jurisdiction of this Court, the courts will grant petitioners standing. ‘There is, however, a difference betweeis the ruleion real- party-in-interest and the rule on standing, for the former is @ STATUTES n B. Validity of Statute concept of civil procedure while the latter has constitutional underpinnings. In view of the arguments set forth regarding standing, it behooves the Court to reiterate the ruling in Kilosbayan, Inc. v. Morato to clarify what is meant by locus standi and to distinguish it from real party-in-interest. public policy underpinnings, is very different from questions relating to whether a particular plaintiff is the real party in interest or has capacity to sue. Although all three requirements are directed! towards ensuring that only certain parties can maintain an action, standing restrictions require a partial consideration of the merits, as well as broader policy concerns relating to the proper role of the judiciary in certain areas.” official action taken, but by concerned or voters who actually sue in the public ‘question in standing is whether such parties have “alleged such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions.” xxx On the other hand, the question as to “real party in interest” is whether he is “the party who Would be benefited or injured by the judgment, or the ‘party entitled to the avails of the suit.” While rights personal to the Chief Justice may have been injured by the alleged unconstitutional acts of the House of Representatives, none of the petitioners before us asserts 1a violation of the personal rights of the Chief Justice. On the contrary, they invariably invoke the vindication of their own rights — as taxpayers; members of Congress; citizens, individually or in a class suit; and members of the bar and of the legal profession — which were supposedly violated by the alleged unconstitutional acts of the House of Representatives.