To reiterate, statutes are the laws of a state enacted by the

legislature.
Most legislative proposals are drafted in the forms of bills and
must approved by both chamber and signed by the President.
In cases of presidential veto, just like the other process,
procedural requirements must also be complied with.
1. To determine what are the parts of statute as
well as their functions.
2. To study cases in relation to Statutes, parts of
Statutes and their enactment.
PARTS OF A
STATUTE:
A. Title – this refers to the heading on the preliminary part, with the name by which the act is
known, giving a general statement and calls attention to the subject matter of the act.

Illustrative case:
SIMEON G. DEL ROSARIO, petitioner, vs. UBALDO CARBONELL, JAIME N. FERRER, LINO PATAJO and
CESAR MILAFLOR, respondents G.R. No. L-32476 October 20, 1970
Facts:
This petition for declaratory relief was filed Pursuant to Sec. 19 of R.A. No. 6132, praying that
the said R.A. be declared unconstitutional.
It was filed by petitioner Simeon G. del Rosario against the National Treasurer, Chairman and
members of the Commission on Elections, praying that the entire R.A. No. 6132 be declared
unconstitutional.
The Solicitor General filed his answer to the petition on behalf of respondents.
Issue:
Whether or not R.A. No. 6132 is unconstitutional because for the petitioners, it embraces
more than one subject, thus violative of paragraph 1, Sec. 21 of Art. VI of the Constitution, simply
because it failed to include the phrase "TO PROPOSE AMENDMENTS TO THE CONSTITUTION OF THE
PHILIPPINES.“

Held:
The power to propose amendments to the fundamental law of the land is implicit in the call
for the convention itself.
Thus, the requirement that only one subject shall be embraced in the bill which shall be expressed in
the title thereof was not violated.
More so, it is not required that the title of the bill be an index to the body of the act or be
comprehensive enough in matters of details and information. It is enough that it indicates the general
subject and reasonably covers all the provisions of the act so as not to mislead Congress or the people.
All the details provided for in R.A. No. 6132 are germane to and are comprehended by its
title.
B. Preamble – states the reasons for its enactment and the objects sought to be accomplished.
Example:
We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and
humane society, and establish a Government that shall embody our ideals and aspirations, promote
the common good, conserve and develop our patrimony, and secure to ourselves and our posterity,
the blessings of independence and democracy under the rule of law and a regime of truth, justice,
freedom, love, equality, and peace, do ordain and promulgate this Constitution.

C. Enacting clause – It is the part that indicates the authority promulgated the enactment. “Be
enacted” is the usual phrase used to start this part of the statute.
Example:
“Be it enacted by the Philippine Senate and House of Representatives of the Republic of the
Philippines in Congress assembled.”

D. Body – the main part of the statute consisting its subject matter.
As a general rule, the body of the statute is divided into articles, titles, chapters and section; there is
however no constitutional provision requiring such divisions.
Example:
ARTICLE III
BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.

E. Repealing Clause - refers to the clause which announces the legislative intent to terminate or
revoke another statute or statutes.
Example: Sec 16. Repealing Clause. - All laws or parts of any law inconsistent with the provisions of
this Act are hereby repealed or modified accordingly.

F. Saving Clause – it restricts a repealing act, which is intended to save rights, powers, pending
proceedings and the likes which would result from an unrestricted repeal.
Example:
If this Agreement or any portion thereof shall be invalidated on any ground by any court of competent
jurisdiction, the Company shall nevertheless indemnify the Indemnitee to the full extent permitted by
any applicable portion of this Agreement that shall not have been invalidated or by any other
applicable law.
 What is Proviso?
Is a clause added to an enactment for the purpose of acting as a restraint upon or as a qualification of, the
generality of the language which it follows.
Commonly found at the end of a section, provision, and introduced by the following:
1. Provided
2. but nothing herein
But the use of “provided” does not necessarily make the provision a proviso. (Bautista v. Fule G.R. No. L-1577)

D. Separability Clause – provides that in the event that for any reason, one or any section or provision of
the statute is invalid or unconstitutional, the remaining provisions shall still be in force and will not be affected
thereby.
Example: Separability Clause. - If any provision of this Act is held invalid, the other provisions not affected thereby
shall continue in operation.
 H. Effectivity Clause – announces the effective date of the law.
Article 2. Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided.
This Code shall take effect one year after such publication.
The Enrolled Bill Theory
An enrolled bill is a copy of the bill passed and prepared for the signature of
the Presiding Officers of both houses and the President 5 It is an attestation that
the bill has passed the two houses.
Art VI, Section 26 of the 1987 constitution provides: (2) No bill passed by
either House shall become a law unless it has passed three readings on separate
days, and printed copies thereof in its final form have been distributed to its
Members three days before its passage, except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or emergency.
Upon the last reading of a bill, no amendment thereto shall be allowed, and the
vote thereon shall be taken immediately thereafter, and the yeas and nays entered
in the Journal.
Veto power of the President
SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented
to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and
return the same with his objections to the House where it originated, which shall enter the
objections at large in its Journal and proceed to reconsider it. If, after such reconsideration,
two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent,
together with the objections, to the other House by which it shall likewise be reconsidered,
and if approved by two-thirds of all the Members of that House, it shall become a law. In all
such cases, the votes of each House shall be determined by yeas or nays, and the names of the
Members voting for or against shall be entered in its Journal. The President shall communicate
his veto of any bill to the House where it originated within thirty days after the date of receipt
thereof; otherwise, it shall become a law as if he had signed it.
(2) 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 or items to which he
does not object.
In cases of Municipal or City and Provincial ordinances:
• It is passed by majority vote of council members thereafter submitted to the mayor (in
cases of Municipality or city).

• If such is enacted for ten (10 days, the ordinance is now considered passed.

• In cases of provinces, it must be acted upon by the Governor. Thus, if there is an inaction
for fifteen (15 days), such ordinance is considered as passed.

• In cases of vetoed ordinance, it may be passed by a vote of 2/3 of council members and
subject to review by Sangguniang Bayan or Panglunsod/Sangguniang Panlalawigan.

• If there is no action in thirty (30) days, ordinance will be presumed consistent with laws and
considered valid.
Statutes which should be strictly construed:
1. Penal statutes - Those which define crimes, treat of their nature, and provide for their
punishment, which must be strictly construed against the State and liberally in favor of the
accused (People v. Subido G.R. No. L-21734 September 5, 1975)
2. Statutes in derogation of rights - The police power of the state may be invoked in this kind
of statute
Thus, Legislature may enact laws curtailing or restricting rights of the people if they are in
derogation of common or general rights.
2.1. Statutes authorizing expropriations
2.2. Statutes imposing taxes and custom duties
2.3 Statutory grounds for removing officials
3. Statutes granting privileges -It is said that grants creating special privileges or monopolies
for the grantees should strictly comply with the provisions “privilegia recipient largam
interpretationem voluntati consonam concedentis.” (Privileges are to be interpreted in
accordance to the will of him who grants them)
3.1 Legislative grants to local government units
3.2 Naturalization laws
3.3 Statutes granting tax exemptions
4. Statutes prescribing formalities of will - shall be construed strictly due to the nature of the
subject.
5. Statutes authorizing suits against the government- Sec. 3 Art. XVI of the 1987 Constitution
provides that the State may not be sued without its consent.
6. Exceptions and provisos- settled is the rule that exceptions and provisos restricts the
enactment of the statutes.
Statutes that should liberally construed:
1. General social legislation- These are statutes enacted to implement the social justice and
protection to labor under the provisions of the Constitution.

2. Grant of power to local governments- Self-government is being encouraged to full

3. Statutes prescribing prescriptive period to collect taxes- In consonance with the life-blood
theory, that taxes are the lifeblood of the government.

4. Statutes imposing penalties for nonpayment of taxes- design to festinate payments of

5. Election laws- to vouch safe the will of the electorate in choosing their representatives.
6. Amnesty proclamations- statutes are liberally construed to encourage the return to the fold
of law those who previously violated provisions of the law.

7. Statutes prescribing prescriptions of crimes- it is in the nature of amnesty and should be

8. Adoption statutes- Must be construed liberally favorable to the child adopted.

9. Veteran and pension laws- Since Veterans laws are expression of gratitude to and
recognition of those who rendered service to the country, statutes must be liberally
construed. (Ginete v. Arcange G.R No. L-28358)

10. Rules of Court- must be liberally construed because of being procedural in nature.