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Statcon

This document summarizes responses to 5 items regarding statutory construction and constitutionality of laws in the Philippines. For Item 1, the Constitution allows for two representatives from each house of Congress to have one vote each. For Item 2, PAL's contention that an act was not passed according to constitutional procedures is correct. For Item 3, if the auditor's contention that a law's real intention was misprinted is correct, the proper remedy would be amendment or curative legislation, not judicial decree. For Item 4, an act does not violate the single subject rule as its title was broad enough. For Item 5, an administrative circular implementing existing law must be published.

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Roland Mark Gatchalian
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61 views2 pages

Statcon

This document summarizes responses to 5 items regarding statutory construction and constitutionality of laws in the Philippines. For Item 1, the Constitution allows for two representatives from each house of Congress to have one vote each. For Item 2, PAL's contention that an act was not passed according to constitutional procedures is correct. For Item 3, if the auditor's contention that a law's real intention was misprinted is correct, the proper remedy would be amendment or curative legislation, not judicial decree. For Item 4, an act does not violate the single subject rule as its title was broad enough. For Item 5, an administrative circular implementing existing law must be published.

Uploaded by

Roland Mark Gatchalian
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Roland Mark M.

Gatchalian September 11, 2020


Statutory Construction Atty. Joseph
Gacayan

Item No. 1. Is the practice of having two (2) representative from each house of Congress with
one (1) vote each sanctioned by the Constitution?
Article VIII, section 8(1) of the Constitution, Congress is used in its generic sense. No
particular quotation is made on whether the Senate or the House of Representative is
being referred to. Thus,
Item No. 2- Is PAL’s contention correct?
Yes. Since the contention is that RA 7716 did not originate exclusively in the House of
Representative s as required by Art VI, Sec. 24 of the Constitution, because it is in fact
the result of the consolidation of 2 distinct bills, H. No. 11197 and S. No. 1630. There is
also a contention that S No.1630 did not pass 3 readings as require by the Constitution.
Thus, Republic Act. No. 7716 expressly amends PAL’s franchise by specifically
exemptions from VAT PAL’s exemption under P.D No. 1590.
Item No. 3- Is the contention of the Auditor tenable.Assuming that the Contention of the Auditor
is tenable, and the real intention of the Congress was to exempt urea and formaldehyde
from the fee, what will be the proper Remedy?
The petitioner contends that the bill approved in Congress contained the copulative
conjunction “and” between the terms “urea” and “formaldehyde” separately as essential
elements in the manufacture of the synthetic resin glue called “urea” formaldehyde.
Furthermore, it is well settled that the enrolled bill- which uses the term “urea
formaldehyde” instead of “urea and formaldehyde”. If there has been any mistake in the
printing of the bill before it was certified by the officers of Congress and approved by the
Executive- on which we cannot speculate, without jeopardizing the principle of
separation of powers and undermining one of the cornerstone of our democratic system-
the remedy is by amendments or curative legislation, not by judicial decree

Item No. 4.- Article VI of the Constitution which requires that every bill passed by the Congress
shall embrace only one subject which shall be expressed in the title thereof. Does the
enactment of RA 9369 violate the above provision?
It is settled that every statute is presumed to be constitutional. The presumption is that the
legislature intended to enact valid, sensible law. Those who petition the Court to declare a
law unconstitutional must show that there is clear and unequivocal breach of
Constitution, not merely doubtful, speculative or argumentative one. Both COMELEC
and OSG maintain the title of RA 9369 is broad enough to encompass topics which deal
not only with the automation process but with everything related to its purpose.
Item no. 5.
Yes, it must need to be published since the nature of DBM-CCC No. 10 is administrative
circular, the purpose of which is to implement existing law.

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