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Bill, defined.
A bill is a proposed legislative measure introduced by a member of Congress for
enactment into law, signed by the author/s, filed with the House Secretary.
Bill is the draft of a proposed law from the time of its introduction in a legislative body
through all the various stages in both houses. It is enacted into law by a vote of the
legislative body. An Act is the appropriate term for it after it has been acted on and
passed by the legislature. It then becomes a statute, the written will of the legislature
solemnly expressed according to the form necessary to constitute it as the law of the state.
Origin of bill.
A bill may originate in the lower or upper house except appropriation,
revenue or tariff bills, bills authorizing increase of public debt, bills of
local application, private bills, which shall originate exclusively in the
House of Representatives.
HELD: It is not the law, but the revenue bill, which is required by the
Constitution to originate exclusively in the House of Representatives. A
bill originating in the lower house may undergo extensive changes in
the Senate that may result in the rewriting of the entire bill. To insist
the revenue statute must be substantially the same as the house bill
would be to deny the Senates power not only to concur with
amendments but also to propose amendments.
For indeed, what the Constitution simply means is that the initiative for
filing revenue bill must come from the House of Representatives. This
is based on the theory that since they are elected by their districts,
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c. After the first reading, the bill is referred by the Speaker to the
appropriate committee for study. At this stage, the appropriate
committee will conduct public hearings. Then after the public hearings,
the committee shall decide whether or not to report the bill favorably
or whether a substitute bill should be considered. Should there be an
unfavorable report of the committee, then the proposed bill is dead.
d. Upon favorable action by the committee, the bill is returned to the
National Assembly and shall be calendared for the second reading.
e. In the second reading, the bill is read in its entirety. (in full with
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between both Houses in the passage of the bill into law. But it can deal
generally with the subject matter. It may produce results beyond its
mandate. The rules do not limit it to consider conflicting provisions
only. It is empowered to include an entirely new provision not found in
either bills. Thus, political scientists call the Conference Committee a
third body of the legislature.
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Under the enrolled bill doctrine, the text of the act as passed and
approved is deemed importing absolute veracity and is binding on the
courts. An enrolled copy of the bill is conclusive not only of its
provisions but also of its due enactment. Once the Senate
President and Speaker sign the bill and the Secretaries certify
IS THE DOCTRINE OF ENROLLED BILL ABSOLUTE?
No, in one case, the Senate President admitted to a mistake and
withdrew his signature. Thus, the Supreme Court went behind the
enrolled bill and consulted the Journal to determine whether certain
provisions of the statute had been approved by the Senate. There was
no longer any enrolled bill to consider when the signature was
withdrawn.
Authentication of bills
The system of authentication devised is the signing by the Speaker and the
Senate President of the printed copy of the approved bill, to signify to
the President that the bill being presented to him has been duly
approved by the legislature and is ready for his approval or rejection.
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When the President does not sign nor communicate his veto of
the bill within thirty days after his receipt thereof
Parts of statutes.
Title the heading on the preliminary part, furnishing the name by which the act
is individually known. It is usually prefixed to the statute in the brief summary of
its contents. The general statement of the subject of the bill.
Preamble part of statute explaining the reasons for its enactment and
the objects sought to be accomplished. Usually, it starts with whereas.
Part which follows the title and precedes the enacting clause
Enacting clause part of statute which declares its enactment and serves
to identify it as an act of legislation proceeding from the proper legislative
authority. Be enacted is the usual formula used to start this clause.
Precedes body of statute, identifies the bill as an act of legislation, absence
does not nullify law unless required by the Constitution, not required by
Constitution but used as a matter of legislative practice or custom.
Body the main and operative part of the statute containing its
substantive and even procedural provisions. Provisos and exceptions may
also be found.
Main part of the bill, rights or remedies.
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Sanctions penalties
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Date of effectivity
When laws take effect.
Article 2, Civil Code
Laws take effect after 15 days following completion of publication in
the Official Gazette, unless otherwise provided
Section 18, Chapter 5, Book I, 1987 Administrative
Code
Laws take effect after 15 days following completion of publication in
the Official Gazette or in a newspaper of general circulation, unless it is
otherwise provided.
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not be more than 21 years old on the day of election. The SK Chair
however argued she is still 21 years, 10 months and 25 days old, not
22 years old.
HELD: The LGC speaks of years, not months or days and a year
consists of 365 days. In computing years, first year is reached after
completing first 365 days. So, 21 is 21 cycles of 365 days. Not more
than 21 years old is not the same as less than 22 years old.
Ordinance, defined.
Ordinance an act passed by the local legislative body in the exercise of its law-making
authority.
1. Must not contravene the Constitution or any statute; 2. Must not be unfair or
oppressive;
3. Must not be partial or discriminatory;
4. Must not prohibit but may regulate trade; 5. Must be general and consistent with public
policy; and 6. Must not be unreasonable.
Local councils exercise only delegated legislative powers conferred on them by Congress
as the national law making body.
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Simple.
It is usually designated with P. S. Res. A simple resolution deals with matters
entirely within the prerogative of one house of Congress, such as adopting or
receiving its own rules. A simple resolution is not considered by the other
chamber and is not sent to the President for his signature. Like a concurrent
resolution, it has no effect and force of a law. Simple resolutions are used
occasionally to express the opinion of a single house on a current issue.
Oftentimes, it is also used to call for a congressional action on an issue affecting
national interest.
Concurrent.
A concurrent resolution is usually designated in the Senate as S. Ct. Res. It is
used for matters affecting the operations of both houses and must be passed in
the same form by both of them. However, they are not referred to the President
for his signature, and they do not have the force of law. Concurrent resolutions
are used to fix the time of adjournment of a Congress and to express the sense
of Congress on an issue.
Joint.
A joint resolution, like a bill, requires the approval of both houses and the
signature of the President. It has the force and effect of a law if approved. There
is no real difference between a bill and a joint resolution. The latter generally is
used when dealing with a single item or issue, such as a continuing or
emergency appropriations bill. Joint resolutions are also used for proposing
amendments to the Constitution.
Validity of statute.
Every statute passed by legislature is presumed to be valid because
the legislature is supposed to have considered the question of its
validity before approving it. In cases of doubt, the court resolves in
favor of its validity. Presumption of constitutionality, in deference to
the wisdom, integrity and patriotism of the legislature, all reasonable
doubts are ruled in favor of constitutionality. To doubt is to sustain.
Presumption of constitutionality.
The presumption is always in favor of constitutionality. However, if the statute is really
unconstitutional, the courts are not only authorized but must declare its
unconstitutionality. The
court must see to it that the other departments have not exceeded their constitutional
authority. (Essence of Separation of Powers and System of Check and Balance)
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Void for vagueness rule. Violates due process, people are not
informed on what conduct to avoid
Related to overbreadth, this doctrine holds that a law is facially
invalid if men of common intelligence must necessarily guess at its
meaning and differ as to its application. It is subject to the same
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Effects of unconstitutionality.
Regard should be had to what has been done while the statute was in
operation and presumed to be valid. Hence, its operative fact before a
declaration of nullity must be recognized.
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Modern view.
The court in passing upon the question of constitutionality does not
annul or repeal the statute if it is unconstitutional, it simply refuses to
recognize it and determines the rights of the parties just as if the
statute had no existence. It does not repeal, supersede, revoke or
annul the statute. The parties to the suit are concluded by the
judgment, but no one else is bound.
Partial invalidity.
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