Ordinance – Law passed by the legislative bodies of the localgovernment units. ORDINANCE Law Possesses a general permanent character 3rd reading is necessary 1. 2. 3. 4. 5. 6. RESOLUTION Merely declaration of the agreement or opinion of a lawmaking body on specific matter Temporary Unless otherwise decided by a majority of all the sanggunian members Test of a Valid Ordinance Must not contravene the constitution or statute Must not be unfair or oppressive Must not be partial or discriminatory Must not prohibit but may regulate trade Must be general and consistent with public policy Must not be unreasonable Police power of the State – Plenary power vested in the legislature to make statutes and ordinances to promote the health & morals, peace, education, good order or safety & general welfare of the people. Nature of the police power of the local government units: 1. 2. General Legislative Power: authorizes the municipal council to enact ordinances and make regulations not repugnant to the law Police power proper 2 types of test (Fernando v St. Scho) 1) 2) Rational relationship test: laws or ordinances are upheld if they rationally further a legislative governmental interest. Strict scrutiny test: the focus is on the presence of compelling rather than substantial, governmental interest and on the absence of less restrictive means for achieving the interest. DOCTRINES: - VAGUENESS Lacks comprehensible standards that men of common intelligence must necessarily guess at its meaning and differ as to its application. - OVERBREADTH Decrees that a governmental purpose to control or prevent activities constitutionally subject to state regulations may not be achieved by means which sweep unnecessarily broadly and thereby invade the area of protected freedoms. Legislative intent Court is bound to enforce the legislative intent. Intent is the soul of the law Can be discovered from the four corners of the statute Care should be taken that every part of the statute be given effect *Basic canon of statcon Rules in Determining Legislative Intent vis-à-vis the interpretation must be accorded to the law – “idolatrous reverence” for the letter of the law sacrifices the human being. Literal rule: must be given its literal meaning (stat con) Purpose rule: purpose for which it is enacted and to continue it in a manner that disregards or defeats such purpose is to nullify or destroy the law. Mischief rule: Evil cause Golden rule: given their ordinary and natural meaning – allows a departure from the literal interpretation if it would result to injustice or lead to absurdity. Presumption – aids to reasoning and argumentation which assume the truth of certain matters for the purpose of some given inquiry. Grounded on: General experience Probability of any kind Merely policy on convenience Effects of presumption on construction and interpretation – affects the burden of proof – he who claims the contrary has the duty to present evidence necessary to establish his claim by the amount of evidence required by law. 1. 2. 3. 4. 5. 6. 7. 8. Relevant Presumptions Unconstitutionality Violation of international law Injustice Absurdity Ineffectiveness Undesirable consequences Implied repeal Retrospective application of laws Presumption against Unconstitutionality – every statute is presumed to be valid; every assumption should be indulged in favor of the constitutionality and the burden of proof is on the party alleging that there is a clear and unequivocal breach of the constitution. Requisites for Judicial Inquiry in Constitutional Litigation a) Actual case or controversy – must be ripe for adjucation b) Locus standi c) Question of constitutionality must be raised at the earliest opportunity d) Issue of constitutionality must be the very lis mota of the case Moot and Academic Principle – there is no more actual controversy between the parties or no useful purpose can be served in passing upon the merits. Exception: 1) Grave violation of the constitution Presumption Against Implied Repeal Repeal Abrogation of an existing law because of the passage of a later law that revokes the former. Later act covers the whole subject of the earlier one and is clearly intended as a substitute. two acts on the Absence: express repeal same subject may not be presumed. incoherent. When the title or number of the prior provisions on the law. Makes the law Illogical. if reparable from the invalid may stand and be enforced. Concerned citizens – issues raised are of transcendental importance w/c must be settled early 5. There should be at least two laws. evil and injurious consequences. while another part is valid. or incompatible within legislative intent Absurdity in Procedural Laws – if strict adherence to the letter of the law would result in absurdity and manifest injustice. International principle – Pacta sunt servanda demands the performance in good faith of treaty obligations on the part of the states that enter into the agreement. contradictory – later act. II Sec. Effects of the unconstitutionality: General rule: where part of a statute us void as repugnant to the constitution. 2. the nullity of one part will vitiate the rest. Presumption against Violation of International law – Art. or will sustain direct injury as a result Transcendental Importance – prompts the court to act liberally – neither rarity or accidental Requirements 1. Two accepted instances: Later law must identify the 1. the valid portion. Causes unnecessary 2.Lex non cogit ad impossiblia 3. matter ate Found: repealing clause of irreconcilably the later law. as conditions. procedural rules should definitely be liberally construed. 10 of the CC Presumption against Absurdity – an interpretation that cause inconvenience and absurdity is not favored. mischievous. *if two laws relates to the same subject matter in pari materia: exert effort to reconcile or harmonize two laws - REPEAL Complete abrogation by the enactment of a subsequent statute - AMENDMENT Alteration in the law already existing. considerations. wrongful. or creates repugnancy to what the statute or the particular provision provides for. 4. inducements or compensations for each other as to warrant belief that the legislature intended them as a whole. Voters – showing of obvious interest 4. Presumption against Injustice – Art. the bar and the public Case is capable of repetition yet evading review Legal Standing / locus standi – right of appearance in a court if justice on a given question. had discharged his burden of presenting evidence necessary to establish his claim by the amount of evidence required by law in order to overcome such presumption NOT CONSTITUIONAL Statute has never been constitutional. Presumption against Ineffectiveness – interpretation that would make the law effective by achieving its intended purpose should be favored. thus it will operate to repeal the earlier law. The literal interpretation creates internal inconsistency or incompatibility within a statute or the particular provision. indefensible. Exception: when the parts of the statute are so mutually dependent and connected. Presumption against undesirable consequences – never intended by a legislative measure and that a construction of which the statute is fairly susceptible is favored. Direct injury (people v vera) – personal and substantial interest in the case such that he sustained. leaving some part of the original still standing. 2. *UNCONSTITUIONAL One challenging. . There is absurdity when the literal interpretation: 1. Requisites the doing of something that is impossible . Desuetude – statute is not repealed by non-use. prior and later law Express Repeal Implied Repeal There is a provision Later law is in the later law that irreconcilably specifically inconsistent & indicates the prior repugnant with the law that it seeks to prior law and their appeal harmonization is not possible. Taxpayers – claim of illegal disbursement of public funds or the measure is unconstitutional 3. Constitutional issues 2. Legislators – official action complained of infringes upon the prerogatives as legislators. 7 of the CC – basis extent of conflict. to the Art. or where the merit of a party’s cause is apparent certain formal requirements. which will avoid all objectionable. constitutes an implied repeal of the earlier one.2) 3) 4) Exceptional character of the situation and the paramount public interest is involved Constitutional issues requires formulation of controlling principles to guide the bench. “Month”. No statute can be enacted that can provide all the details involved in its application. Purpose: give effect to both the particular and general words by treating the particular and general words as indicating the class and the general words as including all that is embraced in said class. its proper force and effect. thing. the general word or phrase is to be construed to include. four Parts of the Statute Title Preamble Definition Section Punctuation Marks Conjunctive Disjunctive FELI Period of time consisting of seven consecutive days Added phrase or clause or sentence that provides a limitation. Of the same kind Follows an enumeration of particular and specific words of the same class where the latter follow the former. 3. 4. or to cases which are within the evil which it clearly within the was designed to letters of the statute as remedy. provided such well as within it spirit or an interpretation is not reason consistent with the language used. 4. RULES AND GUIDELINES IN CONSTRUCTION AND INTERPRETATION OF THE LAWS Dura Lex Sed Lex Ubi Lex Non Distinguit Nec Nos Distinguere Generalia Verba Sunt Generaliter Inteligencia The law is thaw law Where the distinguish. condition.that which is expressed. act or consequences excludes all others Expressium facit cessare tacitum Doctrine of Implication Necessary What is implied in a statute Is as much a part thereof as What is expressed puts an end to what is implied. resembling. DOCTRINES. Basic is the rule in stat con is that a word covers its enlarged and plural sense Word that imports the masculine gender shall also include the female gender Words in diffrenet parts of a statue mjst be refereed to their appropriate connection. 3. General understood sense. - - Confined within the letters of the law and must within its spirit. 6. Express mention of one person. 5. or of the same kind or class. “Ought” and “May” “And” “Or” “Year”. “Shall”. . Noscitur A Sociis Casus Omissus Pro Omisso Habendus Est Expressio Unius Est Exclusion Alterius Known by his associates A case is ommitted to be held as intentionally omitted. History of the Legislative Enactment Dictionary Judicial Decisions Administrative Regulations or Decisions Constitutional Deliberations Foreign Jurisprudence Strict Construction Liberal Construction General Rule: Letters will prevail Exception: if it will result to absurdity. 5. - Spirit of the reason of the law. or to be restricted to persons. 2. “Day” and “Night” “Week” Mandatory MAXIMS. meet a particular situation. things or cases akin to. “Must”. 1. harsh but it is law does not neither shoukd words are in a general Proviso General Rule: a word which has a general and restrictive meanings must be understood in its general sense. Number – Singular and Plural Gender and Masculine Reddendo Singulis Singula Ejusdem Generis - Exception: it was clearly intended that the word must be understood in its restricted sense. injustice – the time we will consider the spirit of the law *Determine the kind of law before using the liberal and strict construction Refuses to expand the Expands the meaning of law by implications or the statute to embrace equitable cases which are clearly considerations. and if possible. 2. but within the spirit of the confines its operation reason of the law. There is always an omission that may not Intrinsic aids Found within the corners of the law 1. qualification or an exception the the main provision of a law Extrinsic aids Outside sources or materials that can lend support in arriving at a reasonable and sensible interpretation. the court. giving to each in its place. rendereing none of them useless or superfluous even if strict grammatical construction demands otherwise. Letters of the law - Goes beyond the letters of the law so long as its spirit allows. 7. 4. the later law shall prevail 5. situations or events that will happen after its effectivity. the later will control the former without regard to the respective dates of passage. 5. Between the Constitution and a statute. later law shall prevail 2. The law looks backward. General Rule: laws shall have prospective effect (Art. enactment. b) Aggravates a crime c) Changes the punishment and inflicts a greater punishment d) Alters the legal rules of evidence and receives less or different testimony e) Assumes to regulate civil rights and remedies only but in effect imposes a penalty or depravation of a right which was done when lawful f) Deprives a person accused of a crime of some lawful protection to which he has become entitled Non-impairment of Obligation of Contracts 2. 8.forward. . order or regulation. Between a general law and a special law. Between the Constitution and an ordinance. Law expressly provides for retroactive application – there should be a legal basis that a law should apply retroactively. Law is curative in nature – enacted to cure defects in a prior law or to validate legal proceedings which would otherwise be void for want of conformity with certain legal requirements. Between a statute and an ordinance. the former shall prevail because and ordinance must not contravene any law in order to be valid. Penal law is favorable to the accuses who is not a habitual criminal – Favorabilia Sunt Amplianda Adiosa Restrigenda 3. Between and administrative or executive act order or regulation and an ordinance. later law shall prevail 3. situations or events that happened even before its passage or Exceptions: When: 1. Between two general laws.4 of the CC) Lex de future. Law creates a new substantive right 6. The law looks Retroactive Law Applies to acts. the former shall prevail and the contrary provision of the latter shall be declared as unconstitutional. Law is issued in the exercise of the state’s police power in order to meet an emergency. Les prospicit non respicit – law looks forward not backward. the former shall prevail because an ordinance must not contravene a statute in order to be valid 9. ex post facto law – a) Which makes an action done before passing the law and which innocent when done criminal. the former shall prevail and the contrary provision of the latter shall be declared as unconstitutional. judex de praeterito – law provides for the future. Law is procedural in nature – mechanism by which substantive rights may be redress. 6. Between two special laws. Between a special law which refers to a subject in general and the general law which treats the same subject in particular. Between the Constitution and an administrative or executive act. the judge for the past. Prospective Law Applies to acts. the former shall prevail and the contrary provision of the latter shall be declared unconstitutional. and punishes such action. LAWS RELATING TO THE SAME SUBJECT MATTER 1. 4.