A. Parts of a Case
¡ Statement of the Case
¡ Statement of the Facts
¡ Issues or Assignment of Errors
¡ The Court’s Ruling
¡ Disposition or the Dispositive Portion
¡ Statement of the Case
¡ Consists of a legal definition of the nature of the action
¡ Stating the court of origin and the case number
¡ Reproduction of the decretal portion of the assailed decision
B. Statement of the Case
-- Civil Cases (example): case for collection, ejectment, quieting of title, foreclosure of mortgage, etc.
-- Criminal Cases: Verbatim reproduction of the criminal information serves a s a guide in determining the nature and the gravity of the offense for which the accused may be found culpable
-- Short description of the proceedings regarding the plea of the accused
C. Statement of the Facts
Objective/Reportorial Method - the judge summarizes the testimony of each witnesses and the contents of each exhibit.
Synthesis Method - the factual theory of the plaintiff or prosecution and then that of the defendant or defense is summarized according to the judge’s best light
Subjective Method - the version of the facts accepted by the judge is simply narrated without explaining what the parties’ versions are
In a combination of objective and subjective means, the testimony of each witness is reported and the judge then formulates his or her own version of the facts. In criminal cases, it may be better to present both the version of the prosecution and that of the defense, in the interest of fairness and due process.
A detailed evaluation of the contentions of the parties must follow. The resolution of most criminal cases, unlike civil and other cases, depends to a large extent on the factual issues and the appreciation of the evidence. The plausibility or the implausibility of each version can sometimes be initially drawn from a reading of the facts. Thereafter, the bases of the court in arriving at its findings and conclusions should be explained.
On appeal, the fact that the assailed decision of the lower court fully, intelligently and correctly resolved all factual and legal issues involved may partly explain why the reviewing court finds no reason to reverse the findings and conclusions of the former. Conversely, the lower court’s patent misappreciation of the facts or misapplication of the law would aid in a better understanding of why its ruling is reversed or modified.
In appealed civil cases, the opposing sets of facts no longer need to be presented. Issues for resolution usually involve questions of law, grave abuse of discretion, or want of jurisdiction; hence, the facts of the case are often undisputed by the parties. With few exceptions, factual issues are not entertained in non-criminal cases. Consequently, the narration of facts by the lower court, if exhaustive and clear, may be reproduced; otherwise, the material factual antecedents should be restated in the words of the reviewing magistrate.
In addition, the reasoning of the lower court or body whose decision is under review should be laid out, in order that the parties may clearly understand why the lower court ruled in a certain way, and why the reviewing court either finds no reason to reverse it or concludes otherwise.
D. Issues/Assignment of Errors
¡ Both factual and legal issues should be stated
¡ On appeal, the assignment of errors, as mentioned in the appellant’s brief, may be reproduced in toto and tackled seriatim, so as to avoid motions for reconsideration of the final decision on the ground that the court failed to consider all assigned errors that could affect the outcome of the case
¡ But when the appellant presents repetitive issues or when the assigned errors do not strike at the main issue, these may be restated in clearer and more coherent terms
¡ Additional issues may also be included, if deemed important for substantial justice to be rendered.
¡ Note: appealed criminal cases are given de novo review, in contrast to noncriminal cases in which the reviewing court is generally limited to issues specifically raised in the appeal. The few exceptions are errors of jurisdiction; questions not raised but necessary in arriving at a just decision on the case; or unassigned errors that are closely related to those properly assigned, or upon which depends the determination of the question properly raised.
E The Court’s Ruling
¡ full discussion of the specific errors or issues raised in the complaint, petition or appeal, as the case may be
¡ other issues the court deems essential to a just disposition of the case
¡ where there are several issues, each one of them should be separately addressed, as much as practicable.
¡ The respective contentions of the parties should also be mentioned here. When procedural questions are raised in addition to substantive ones, it is better to resolve the former preliminarily.
F. Ratio decidendi
A Latin term which refers to the underlying principle or rule of law on which a court’s decision is found (Black’s Law Dictionary, 18th Edition)
G Obiter dictum
A Latin term which refers to an opinion “uttered by the way, not upon the point or question pending, as if turning aside from the main topic of the case to collateral subjects”, or the opinion of the court upon any point or principle which it is not required to decide, or an opinion of the court which does not embody its determination and is made without argument or full consideration of the point and is not the professed deliberate determination oft he judge himself (People vs. Macadaeg, et al., GR. L-4316)
H. Disposition/Dispositive Portion
¡ In a civil case as well as in a special civil action, the disposition should state:
¡ Whether the complaint or petition is granted or denied
¡ Specific relief granted
¡ Costs
Note: The foregoing parts need not always be discussed in sequence. But they should all be present and plainly identifiable in the decision. Depending on the writer’s character, genre and style, the language should be fresh and free-flowing, not necessarily stereotyped or in a fixed form; much less highfaluting, hackneyed and pretentious. At all times, however, the decision must be clear, concise, complete and correct.
¡ Sources:
¡ People vs. Macadaeg, et al., GR. L-4316, May 28, 1952
¡ People vs. Sanchez, G.R. No. 13116, August 27, 1999
¡ Riesenbeck vs. CA, G.R. No. 90535, June 9, 1992
¡ Velarde vs. Social Justice Society, G.R No. 159357, April 28, 2004
Tuesday, March 2, 2010
Sunday, February 28, 2010
Case Law and Court Structure by Kathleen Esteban
Case law in general
Case law is a general term for body of cases decided by the courts and other persons or bodies performing judicial functions. Commentators write that case law is distinguished from statute law in that the latter is a norm of conduct promulgated by the law-making authorties of a state while case law is the same norm proclaimed by judicial authorities.
III. Regional Trial Courts Regional Trial Courts were established among the thirteen regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates.
IV. Shari'a Courts Equivalent to the Regional Trial Courts in rank is the Shari'a District Courts which were established in certain specified provinces in Mindanao where the Muslim Code on Personal Laws is being enforced. Equivalent to the Municipal Circuit Trial Courts are the Shari'a Circuit Courts which were established in certain municipalities in Mindanao. There are five Shari'a District Courts and fifty one Shari'a Circuit Courts in existence.
V. Court of Tax Appeals A special court, the Court of Tax Appeals, composed of a Presiding Judge and two Associate Judges, is vested with the exclusive appellate jurisdiction over appeals from the decisions of the Commissioner of Internal Revenue and the Commissioner of Customs on certain specific issues.
VI. Sandiganbayan A special court, the Sandiganbayan, composed of a Presiding Justice and eight Associate Justices, has exclusive jurisdiction over violations of the Anti-Graft and Corrupt Practices Act [Republic Act No. 3019], the Unexplained Wealth Act [Republic Act No. 1379] and other crimes or felonies committed by public officials and employees in relation to their office, including those employees in government-owned or controlled corporations.
VII. Court of Appeals The Court of Appeals, composed of one Presiding Justice and sixty eight Associate Justices is vested with jurisdiction over appeals from the decisions of the Regional Trial Courts and certain quasi-judicial agencies, boards or commissions.
VIII. The Highest Court - Supreme Court The Supreme Court is the highest Court in the Philippines. There is only one Supreme Court composed of one Chief Justice and fourteen Associate Justices. It is the final arbiter of any and all judicial issues. When so deciding, it may sit en banc or in divisions of three, five or seven members.
— Quasi Judicial Bodies
A. Department of Finance
Bureau of Internal Revenue
Bureau of Customs
Insurance Commission
Central Board of Assessment Appeals
Fiscal Incentives Review Board
Philippine Export and Foreign Loan Guarantees Corporation
Philippine Crop Insurance Corporation
B. Department of Justice
Land Registration Authority
Commission on Immigration and Deportation
C. Department of Agriculture
Sugar Regulatory Authority
National Irrigation Authority
National Meat Inspection Commission
National Food Authority
Quedans Guarantee Fund Board
D. Department of Public Works and Highways
Bureau of Research and Standards
Metropolitan Waterworks and Sewerage System
Local Water utilities Administration
E. Department of Labor and Employment
National Labor Relations Commission
Philippine Overseas and Employment Administration
National Manpower and Youth Council
National Maritime Polytechnic
Case law is a general term for body of cases decided by the courts and other persons or bodies performing judicial functions. Commentators write that case law is distinguished from statute law in that the latter is a norm of conduct promulgated by the law-making authorties of a state while case law is the same norm proclaimed by judicial authorities.
Case law may be categorized into (1) conventional decision which cover all rulings by regularly or specially constituted courts of justice, and (2) subordinate decisions which include all rulings by administrative and legislative tribunals.
Hierarchy of the Courts- Courts
I. Municipal Trial Courts and Municipal Circuit Trial Courts
Every municipality in the Philippines has its own Municipal Trial Court. It is referred to as such if it covers only one municipality; otherwise, it is called Municipal Circuit Trial Court if it covers two or more municipalities.
III. Regional Trial Courts Regional Trial Courts were established among the thirteen regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR). There are as many Regional Trial Courts in each region as the law mandates.
IV. Shari'a Courts Equivalent to the Regional Trial Courts in rank is the Shari'a District Courts which were established in certain specified provinces in Mindanao where the Muslim Code on Personal Laws is being enforced. Equivalent to the Municipal Circuit Trial Courts are the Shari'a Circuit Courts which were established in certain municipalities in Mindanao. There are five Shari'a District Courts and fifty one Shari'a Circuit Courts in existence.
V. Court of Tax Appeals A special court, the Court of Tax Appeals, composed of a Presiding Judge and two Associate Judges, is vested with the exclusive appellate jurisdiction over appeals from the decisions of the Commissioner of Internal Revenue and the Commissioner of Customs on certain specific issues.
VI. Sandiganbayan A special court, the Sandiganbayan, composed of a Presiding Justice and eight Associate Justices, has exclusive jurisdiction over violations of the Anti-Graft and Corrupt Practices Act [Republic Act No. 3019], the Unexplained Wealth Act [Republic Act No. 1379] and other crimes or felonies committed by public officials and employees in relation to their office, including those employees in government-owned or controlled corporations.
VII. Court of Appeals The Court of Appeals, composed of one Presiding Justice and sixty eight Associate Justices is vested with jurisdiction over appeals from the decisions of the Regional Trial Courts and certain quasi-judicial agencies, boards or commissions.
VIII. The Highest Court - Supreme Court The Supreme Court is the highest Court in the Philippines. There is only one Supreme Court composed of one Chief Justice and fourteen Associate Justices. It is the final arbiter of any and all judicial issues. When so deciding, it may sit en banc or in divisions of three, five or seven members.
— Quasi Judicial Bodies
A. Department of Finance
Bureau of Internal Revenue
Bureau of Customs
Insurance Commission
Central Board of Assessment Appeals
Fiscal Incentives Review Board
Philippine Export and Foreign Loan Guarantees Corporation
Philippine Crop Insurance Corporation
B. Department of Justice
Land Registration Authority
Commission on Immigration and Deportation
C. Department of Agriculture
Sugar Regulatory Authority
National Irrigation Authority
National Meat Inspection Commission
National Food Authority
Quedans Guarantee Fund Board
D. Department of Public Works and Highways
Bureau of Research and Standards
Metropolitan Waterworks and Sewerage System
Local Water utilities Administration
E. Department of Labor and Employment
National Labor Relations Commission
Philippine Overseas and Employment Administration
National Manpower and Youth Council
National Maritime Polytechnic
Wednesday, February 24, 2010
Reliance on Foreign Legal Authorities by Jonathan Enriquez
Cu vs. Republic of the Philippines
It is a rule of statutory construction that a statute adopted from another state or country will be presumed to be adopted with the construction placed upon it by the courts of that state or country before its adoption. Such construction is regarded as of great weight, or at least persuasive, and will generally be followed if found reasonable, and in harmony with justice and public policy, and with other laws of the adopting jurisdiction on the subject.
Tamayo vs. Gsell
Generally speaking, when a statute has been adopted from another State or country and such statute has previously been construed by the courts of such State or country, the statute is deemed to have been adopted with the construction so given it. The law being so clearly traced to its source and the intention of the Legislature being so apparent, it is necessary to ascertain and be guided by the decisions of the courts in the United States construing essentially the same law.
Ortigas vs Feati
The views set forth in American decisions and authorities are not per se controlling in the Philippines, the laws of which must necessarily be construed in accordance with the intention of its own lawmakers and such intent may be deduced from the language of each law and the context of other local legislation related thereto.
It is a rule of statutory construction that a statute adopted from another state or country will be presumed to be adopted with the construction placed upon it by the courts of that state or country before its adoption. Such construction is regarded as of great weight, or at least persuasive, and will generally be followed if found reasonable, and in harmony with justice and public policy, and with other laws of the adopting jurisdiction on the subject.
Tamayo vs. Gsell
Generally speaking, when a statute has been adopted from another State or country and such statute has previously been construed by the courts of such State or country, the statute is deemed to have been adopted with the construction so given it. The law being so clearly traced to its source and the intention of the Legislature being so apparent, it is necessary to ascertain and be guided by the decisions of the courts in the United States construing essentially the same law.
Ortigas vs Feati
The views set forth in American decisions and authorities are not per se controlling in the Philippines, the laws of which must necessarily be construed in accordance with the intention of its own lawmakers and such intent may be deduced from the language of each law and the context of other local legislation related thereto.
Secondary Authorities by Jan Christopher Elmido
SECONDARY AUTHORITIES DEFINED:
• A secondary authority is an authority purporting to explain the meaning or applicability of the actual verbatim texts of primary authorities such as constitutions, statutes, case law, administrative regulations, executive orders, treaties, or similar legal instruments.
• Publications which are not primary authority but which discuss or analyze legal doctrine are considered secondary authorities.
• Its main purpose is to lead or explain Primary authorities.
DISTINGUISHED FROM PRIMARY AUTHORITIES:
• PRIMARY AUTHORITIES BINDING TO THE COURT; a court must rely on primary authorities on reaching a decision such as enacted laws or decisions of a higher court that addressed the same or a similar legal question and facts. ( MANDATORY or BINDING AUTHORITY)
• On the other hand, SECONDARY AUTHORITIES is not bound to be followed or considered BUT may be considered (OPTIONAL) when reaching a decision (PERSUASIVE AUTHORITY)
KINDS OF SECONDARY AUTHORITIES:
A. ANNOTATED STATUTORY COMPILATION/ TEXTBOOKS
• Expositions by legal writers on statutory law and case law pertaining to a particular subject and published in book form. It embodies a range of publications, including multi-volumes works, textbooks, and shorter monographs.
• EXAMPLES:
1. The Civil Code of the Philippines Annotated by Edgardo L. Paras
2. The Law on Obligations and Contracts by Hector S. De Leon Sr.
B. CASE DIGEST
• Digest of cases are compilations of paragraphs containing summaries of points in cases, grouped under appropriate headings.
• Each paragraph is complete in itself when it has concisely and accurately stated the point decided with reference to precise facts.
• EXAMPLES:
– SCRA Quick-Index Digest.
– Compendium of Philippine Jurisprudence by Celso L. Magsino.
C. COLLECTION OF ESSAYS AND ARTICLES
. EXAMPLE: The Crisis of Our Constitutional System by J. Laurel.
D. PERIODICAL ARTICLES, INCLUDING ARTICLES IN JOURNALS
. EXAMPLE: Philippine Law Journal
E. NEWSPAPER ARTICLES
F. LETTERS, SPEECHES AND INTERVIEWS
G. ENCYCLOPEDIAS
H. LOOSELEAF SERVICES
I. BOOK REVIEWS
• A secondary authority is an authority purporting to explain the meaning or applicability of the actual verbatim texts of primary authorities such as constitutions, statutes, case law, administrative regulations, executive orders, treaties, or similar legal instruments.
• Publications which are not primary authority but which discuss or analyze legal doctrine are considered secondary authorities.
• Its main purpose is to lead or explain Primary authorities.
DISTINGUISHED FROM PRIMARY AUTHORITIES:
• PRIMARY AUTHORITIES BINDING TO THE COURT; a court must rely on primary authorities on reaching a decision such as enacted laws or decisions of a higher court that addressed the same or a similar legal question and facts. ( MANDATORY or BINDING AUTHORITY)
• On the other hand, SECONDARY AUTHORITIES is not bound to be followed or considered BUT may be considered (OPTIONAL) when reaching a decision (PERSUASIVE AUTHORITY)
KINDS OF SECONDARY AUTHORITIES:
A. ANNOTATED STATUTORY COMPILATION/ TEXTBOOKS
• Expositions by legal writers on statutory law and case law pertaining to a particular subject and published in book form. It embodies a range of publications, including multi-volumes works, textbooks, and shorter monographs.
• EXAMPLES:
1. The Civil Code of the Philippines Annotated by Edgardo L. Paras
2. The Law on Obligations and Contracts by Hector S. De Leon Sr.
B. CASE DIGEST
• Digest of cases are compilations of paragraphs containing summaries of points in cases, grouped under appropriate headings.
• Each paragraph is complete in itself when it has concisely and accurately stated the point decided with reference to precise facts.
• EXAMPLES:
– SCRA Quick-Index Digest.
– Compendium of Philippine Jurisprudence by Celso L. Magsino.
C. COLLECTION OF ESSAYS AND ARTICLES
. EXAMPLE: The Crisis of Our Constitutional System by J. Laurel.
D. PERIODICAL ARTICLES, INCLUDING ARTICLES IN JOURNALS
. EXAMPLE: Philippine Law Journal
E. NEWSPAPER ARTICLES
F. LETTERS, SPEECHES AND INTERVIEWS
G. ENCYCLOPEDIAS
H. LOOSELEAF SERVICES
I. BOOK REVIEWS
Thursday, February 11, 2010
Res Judicata and Stare Decisis by Jeannie Boado
RES JUDICATA
• Latin term for "a matter [already] judged",
• refers to two things: in both civil law and common law legal systems --
NATURE OF THE RULE
It forbids the reopening of a matter that has already been finally adjudicated by competent authority This is better known as the rule of res judicata. (Sta, Ana vs. Narvades, 30 SCRA 454)
The underlying principles upon which this doctrine rests are:
(1) That parties ought not to be permitted to litigate the same issue more than once; that when a right or fact has been judicially tried and determined by a court of competent jurisdiction, or an opportunity for such trial has been given, the judgment of the court, so long as it remains unrevised, should be conclusive upon the parties and those in privacy with them in law or estate. (Sarabia vs. Secretary, 2 SCRA 54; Aquino vs. Sanvictores, 89 Phil. 532)
(2) This rule applies even when the causes of action in the two suits are wholly different. (Lopena vs. Pagsisihan, 580. G. 7719) To once again reopen the issue through a different avenue would defeat the existence of our courts as final arbiters of legal controversies. (Calusin et al. vs. CA et al. June 21, 2000)
"The doctrine of res judicata is an old axiom of the law, dictated by wisdom and sanctified by age, and is founded on the broad principle that it is to the interest of the public that there should be an end to litigation by the same parties over a subject once fully and fairly adjudicated". (Filipinas Investment and Financing Corp. vs. ICA, 179 SCRA 728) It is to the interest of the public that there should be an end to litigation over a subject fully and fairly adjudicated, and an individual should not be vexed twice for the same cause. (Carlet vs. CA, 275 SCRA 97).
(3) The doctrine of res judicata applies as well to the judicial and quasijudicial acts of public, executive, or administrative officers and bodies such as labor tribunals---as to judgments of courts having judicial powers.(Brifiantes vs. Castro, 99 Phil. 503citing 50 C.3.S., Sec. 90, pp. 148-149).
REQUIREMENTS OF THE RULE
In order that the doctrine of res judicata shall apply, the following requisites should be present:
(a) The former judgment or order must be final;
(b) It must have been rendered by a court having jurisdiction of the subject matter and the parties;
(c) It must be a judgment or order on the merits; and
(d) There must be between the first and second actions identity of parties, of subject matter, and of cause of action. A change in the form of action or in the relief sought does not remove a proper case from the application of its judicata. (Carlet vs. CA, supra).
Res judicata is one of the grounds for a Motion to Dismissal complaint.
STARE DECISIS
Stare decisis is the legal principle by which judges are obliged to obey the precedents established by prior decisions. The words originate from the Latin phrase Stare decisis et non quieta movere, "Maintain what has been decided and do not alter that which has been established".
However, the doctrine of stare decisis is not always to be relied upon, for the courts find it necessary to overrule cases, which have been hastily decided, or contrary to principle.
Although the doctrine of stare decisis does not prevent reexamining and, if need be, overruling prior decisions, "It is . . . a fundamental jurisprudential policy that prior applicable precedent usually must be followed even though the case, if considered anew, might be decided differently by the current justices. This policy . . . 'is based on the assumption that certainty, predictability and stability in the law are the major objectives of the legal system; i.e., that parties should be able to regulate their conduct and enter into relationships with reasonable assurance of the governing rules of law.'" (Moradi-Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal.3d 287, 296.)
The principle of stare decisis can be divided into two components.
(1) a decision made by a superior court is binding precedent (also known as mandatory authority) which an inferior court cannot change.
(2)a court should not overturn its own precedents unless there is a strong reason to do so and should be guided by principles from lateral and inferior courts.
• Latin term for "a matter [already] judged",
• refers to two things: in both civil law and common law legal systems --
NATURE OF THE RULE
It forbids the reopening of a matter that has already been finally adjudicated by competent authority This is better known as the rule of res judicata. (Sta, Ana vs. Narvades, 30 SCRA 454)
The underlying principles upon which this doctrine rests are:
(1) That parties ought not to be permitted to litigate the same issue more than once; that when a right or fact has been judicially tried and determined by a court of competent jurisdiction, or an opportunity for such trial has been given, the judgment of the court, so long as it remains unrevised, should be conclusive upon the parties and those in privacy with them in law or estate. (Sarabia vs. Secretary, 2 SCRA 54; Aquino vs. Sanvictores, 89 Phil. 532)
(2) This rule applies even when the causes of action in the two suits are wholly different. (Lopena vs. Pagsisihan, 580. G. 7719) To once again reopen the issue through a different avenue would defeat the existence of our courts as final arbiters of legal controversies. (Calusin et al. vs. CA et al. June 21, 2000)
"The doctrine of res judicata is an old axiom of the law, dictated by wisdom and sanctified by age, and is founded on the broad principle that it is to the interest of the public that there should be an end to litigation by the same parties over a subject once fully and fairly adjudicated". (Filipinas Investment and Financing Corp. vs. ICA, 179 SCRA 728) It is to the interest of the public that there should be an end to litigation over a subject fully and fairly adjudicated, and an individual should not be vexed twice for the same cause. (Carlet vs. CA, 275 SCRA 97).
(3) The doctrine of res judicata applies as well to the judicial and quasijudicial acts of public, executive, or administrative officers and bodies such as labor tribunals---as to judgments of courts having judicial powers.(Brifiantes vs. Castro, 99 Phil. 503citing 50 C.3.S., Sec. 90, pp. 148-149).
REQUIREMENTS OF THE RULE
In order that the doctrine of res judicata shall apply, the following requisites should be present:
(a) The former judgment or order must be final;
(b) It must have been rendered by a court having jurisdiction of the subject matter and the parties;
(c) It must be a judgment or order on the merits; and
(d) There must be between the first and second actions identity of parties, of subject matter, and of cause of action. A change in the form of action or in the relief sought does not remove a proper case from the application of its judicata. (Carlet vs. CA, supra).
Res judicata is one of the grounds for a Motion to Dismissal complaint.
STARE DECISIS
Stare decisis is the legal principle by which judges are obliged to obey the precedents established by prior decisions. The words originate from the Latin phrase Stare decisis et non quieta movere, "Maintain what has been decided and do not alter that which has been established".
However, the doctrine of stare decisis is not always to be relied upon, for the courts find it necessary to overrule cases, which have been hastily decided, or contrary to principle.
Although the doctrine of stare decisis does not prevent reexamining and, if need be, overruling prior decisions, "It is . . . a fundamental jurisprudential policy that prior applicable precedent usually must be followed even though the case, if considered anew, might be decided differently by the current justices. This policy . . . 'is based on the assumption that certainty, predictability and stability in the law are the major objectives of the legal system; i.e., that parties should be able to regulate their conduct and enter into relationships with reasonable assurance of the governing rules of law.'" (Moradi-Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal.3d 287, 296.)
The principle of stare decisis can be divided into two components.
(1) a decision made by a superior court is binding precedent (also known as mandatory authority) which an inferior court cannot change.
(2)a court should not overturn its own precedents unless there is a strong reason to do so and should be guided by principles from lateral and inferior courts.
Sunday, January 31, 2010
Parts of a Statute by Carla Villanueva
What are statutes?
A statute is an act of the legislature, adopted pursuant to its constitutional authority, by prescribed means and in certain form such that it becomes the law governing conduct within its scope. Statutes are enacted to prescribe conduct, define crimes, create inferior governmental bodies, appropriate public funds, and in general promote the public good and welfare.
I. Parts of a Statute
Ò Title
Title -- The title of the statute is the heading on the preliminary part, furnishing the name by which the act is individually known.
Example: Philippine Medical Technology Act of 1969
Ò Preamble
Preamble -- That part of the statute explaining the reasons for its enactment and the objects sought to be accomplished.
Ò Enacting clause
Enacting Clause -- That part of the statute which declares its enactment and serves to identify it is an act of legislation proceeding from the proper legislative authority.
Example: "Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled."
Ò Body
Body -- The main and operative part of the statute containing its substantive and even procedural provisions. Provisos and exemptions may also be found in the body of the statute.
Ò Repealing clause
Repealing Clause -- That part of the statute which announces the prior statutes or specific provisions which have been abrogated by reason of the new law.
Example: SECTION 13. Repealing Clause - All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. (From REPUBLIC ACT NO. 9048)
Ò Separability clause
Separability Clause -- That part of the statute which provides that in the event that one or more provisions are declared void or unconstitutional, the remaining provisions shall still be in force and effect
Example: SECTION 12. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration. (From REPUBLIC ACT NO. 9048)
Ò Effectivity clause
Effectivity Clause -- That part of the Statute which announces the effectivity date of the law.
Example: SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation. (From REPUBLIC ACT NO. 9048)
II. References to Statutes
Statutes may be referred to as an Act or Presidential Decree or some other term. This indicates that the statute was passed during a certain period, as follows:
Ò 4,275 ACTS - Enactments from 1900-1935
Ò 733 Commonwealth Acts - Enactments from 1935-1945
Ò 2034 Presidential Decrees - Enactments from 1972-1985
Ò 884 Batas Pambansa. - Enactments from 1979-1985
Ò 9335. Republic Acts - Enactments from 1946-1972, 1987- April 2005
Ò During Martial Law, both President Marcos and the Batasang Pambansa (Parliament) were issuing laws at the same time in the Presidential Decrees (by President Marcos) and Batas Pambansa (Parliament) .
Ò During Martial Law, aside from Presidential Decrees, the President promulgated other issuances namely: 57 General Orders, 1,525 Letters of Instruction, 2,489 Proclamations, 832 Memorandum Order, 1,297 Memorandum Circular, 157 Letter of Implementation, Letter of Authority, Letters of Instruction, 504 Administrative Order and 1,093 Executive Orders.
Ò The Presidential Decrees issued by Pres. Marcos during Martial Law and the Executive Orders issued by Pres. Aquino before the opening of Congress may be classified as legislative acts for there was no legislature during those two periods.
Ò Laws passed by the new 1987 Congress started from Rep. Act No. 6636, as the last Republic Act promulgated by Congress before Martial Law was Rep. Act No. 6635.
III. How statutes are enacted
Ò Sec. 26 (2), Art. VI of the constitution
Ò 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.
Ò Sec. 27 (1), Art. VI of the Constitution
Ò 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
Ò A bill may be introduced in the House of Representatives or the Senate. A bill must relate to only one subject matter which must be expressed in its title.
Ò On 1st Reading, the title and number of the bill is read, and then, it is referred to the appropriate committee.
Ò A committee studies the bill and conducts hearings on it. Thereafter, a committee report is prepared on the bill. A committee only prepares a report on a bill it decides to recommend for approval by the House. The committee report is read in open session, and together with the bill, it is referred to the Rules Committee. The Rules Committee can place the bill in the 2 nd Reading Calendar or in the Calendar of Unassigned Business.
Ò On 2nd Reading, a bill is subject to debate and amendment before being placed in the 3rd Reading Calendar for final passage. A bill must undergo 3 readings on 3 separate days except when the President certifies a bill as urgent to meet a public calamity or national emergency.
Ò After its passage by one house, the bill goes through the same process in the other house.
Ò If amendments are made in one house, the other house must concur. If a house has a counterpart bill to a bill passed by the other house, and these bills have conflicting provisions, a conference committee composed of representatives of each house is formed to harmonize the conflicting provisions. Thereafter, if the conflicting provisions are harmonized, a conference committee report is prepared for ratification or approval by both houses.
Ò When the bill is passed by both houses, it is signed by their respective leaders and sent to the President for approval.
Ò The President may sign the bill into a law, or veto all or part of it. The bill becomes a law if, within 30 days after receiving it, the President fails to sign or veto the bill. The bill, even if vetoed by the President, also becomes a law when Congress overrides the veto by a 2/3 vote of all its Members.
A statute is an act of the legislature, adopted pursuant to its constitutional authority, by prescribed means and in certain form such that it becomes the law governing conduct within its scope. Statutes are enacted to prescribe conduct, define crimes, create inferior governmental bodies, appropriate public funds, and in general promote the public good and welfare.
I. Parts of a Statute
Ò Title
Title -- The title of the statute is the heading on the preliminary part, furnishing the name by which the act is individually known.
Example: Philippine Medical Technology Act of 1969
Ò Preamble
Preamble -- That part of the statute explaining the reasons for its enactment and the objects sought to be accomplished.
Ò Enacting clause
Enacting Clause -- That part of the statute which declares its enactment and serves to identify it is an act of legislation proceeding from the proper legislative authority.
Example: "Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled."
Ò Body
Body -- The main and operative part of the statute containing its substantive and even procedural provisions. Provisos and exemptions may also be found in the body of the statute.
Ò Repealing clause
Repealing Clause -- That part of the statute which announces the prior statutes or specific provisions which have been abrogated by reason of the new law.
Example: SECTION 13. Repealing Clause - All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly. (From REPUBLIC ACT NO. 9048)
Ò Separability clause
Separability Clause -- That part of the statute which provides that in the event that one or more provisions are declared void or unconstitutional, the remaining provisions shall still be in force and effect
Example: SECTION 12. Separability Clause. - If any portion or provision of this Act is declared void or unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration. (From REPUBLIC ACT NO. 9048)
Ò Effectivity clause
Effectivity Clause -- That part of the Statute which announces the effectivity date of the law.
Example: SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation. (From REPUBLIC ACT NO. 9048)
II. References to Statutes
Statutes may be referred to as an Act or Presidential Decree or some other term. This indicates that the statute was passed during a certain period, as follows:
Ò 4,275 ACTS - Enactments from 1900-1935
Ò 733 Commonwealth Acts - Enactments from 1935-1945
Ò 2034 Presidential Decrees - Enactments from 1972-1985
Ò 884 Batas Pambansa. - Enactments from 1979-1985
Ò 9335. Republic Acts - Enactments from 1946-1972, 1987- April 2005
Ò During Martial Law, both President Marcos and the Batasang Pambansa (Parliament) were issuing laws at the same time in the Presidential Decrees (by President Marcos) and Batas Pambansa (Parliament) .
Ò During Martial Law, aside from Presidential Decrees, the President promulgated other issuances namely: 57 General Orders, 1,525 Letters of Instruction, 2,489 Proclamations, 832 Memorandum Order, 1,297 Memorandum Circular, 157 Letter of Implementation, Letter of Authority, Letters of Instruction, 504 Administrative Order and 1,093 Executive Orders.
Ò The Presidential Decrees issued by Pres. Marcos during Martial Law and the Executive Orders issued by Pres. Aquino before the opening of Congress may be classified as legislative acts for there was no legislature during those two periods.
Ò Laws passed by the new 1987 Congress started from Rep. Act No. 6636, as the last Republic Act promulgated by Congress before Martial Law was Rep. Act No. 6635.
III. How statutes are enacted
Ò Sec. 26 (2), Art. VI of the constitution
Ò 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.
Ò Sec. 27 (1), Art. VI of the Constitution
Ò 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
Ò A bill may be introduced in the House of Representatives or the Senate. A bill must relate to only one subject matter which must be expressed in its title.
Ò On 1st Reading, the title and number of the bill is read, and then, it is referred to the appropriate committee.
Ò A committee studies the bill and conducts hearings on it. Thereafter, a committee report is prepared on the bill. A committee only prepares a report on a bill it decides to recommend for approval by the House. The committee report is read in open session, and together with the bill, it is referred to the Rules Committee. The Rules Committee can place the bill in the 2 nd Reading Calendar or in the Calendar of Unassigned Business.
Ò On 2nd Reading, a bill is subject to debate and amendment before being placed in the 3rd Reading Calendar for final passage. A bill must undergo 3 readings on 3 separate days except when the President certifies a bill as urgent to meet a public calamity or national emergency.
Ò After its passage by one house, the bill goes through the same process in the other house.
Ò If amendments are made in one house, the other house must concur. If a house has a counterpart bill to a bill passed by the other house, and these bills have conflicting provisions, a conference committee composed of representatives of each house is formed to harmonize the conflicting provisions. Thereafter, if the conflicting provisions are harmonized, a conference committee report is prepared for ratification or approval by both houses.
Ò When the bill is passed by both houses, it is signed by their respective leaders and sent to the President for approval.
Ò The President may sign the bill into a law, or veto all or part of it. The bill becomes a law if, within 30 days after receiving it, the President fails to sign or veto the bill. The bill, even if vetoed by the President, also becomes a law when Congress overrides the veto by a 2/3 vote of all its Members.
Thursday, January 7, 2010
Municipal Legislation by Maricar Fabella
MUNICIPAL LEGISLATION and ORDINANCES
® The Constitution establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays. (Section 1, Article X)
® Local governments are generally considered as falling under the executive branch, yet local legislation requires enactment by duly elected local legislative bodies.
® The Constitution (Section 3, Article X) mandated that the Congress would enact a Local Government Code. The Congress duly enacted Republic Act No. 7160, The Local Government Code of 1991, which became effective on 1 January 1992.
® The Local Government Code of 1991 (RA 7160) provides:
CHAPTER 3
Local Legislation
® Section 48. Local Legislative Power. - Local legislative power shall be exercised by the sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the sangguniang bayan for the municipality; and the sangguniang barangay for the barangay.
® The Sangguniang Bayan is the legislature of municipal governments in the Philippines. It passes ordinances and resolutions for the effective administration of the municipality. Its powers are defined by the Local Government Code of 1991.
® Legislation
® An ordinance passed by the Sangguniang Bayan is sent to the municipal mayor for approval. Once approved, it is transmitted to the Sangguniang Panlalawigan of the province to which the municipality belongs, for compliance review.
® On the other hand, when the mayor vetoes an ordinance, it is sent back to the Sangguniang Bayan to reconsider the objections; however the Sangguniang Bayan may override such veto by a two-thirds vote of all its members which renders the measure's approval. With regard to ordinances pertaining to appropriations; or resolutions for payments of money, the adoption of local development plans or public investment programs, or the creation of liabilities, the mayor may just veto particular items in it. Any veto action must be communicated with the Sangguniang Bayan within ten days otherwise the ordinance is considered approved.
® The Sangguniang Panlalawigan may declare an ordinance or portions of it invalid should it be found to be inconsistent with existing laws, or it goes beyond the authority the Sangguniang Bayan may actually exercise. But if no action is taken by the Sangguniang Panlalawigan within 30 days, it is presumed to be compliant and deemed valid.
® Ordinances Enacted by Local Government Units
® The basic LGU’s are the provinces, cities, municipalities and barangays. Each of these units have lawmaking powers to pass what is commonly called “ordinances” (to distinguish them from statutes enacted by Congress) which are usually of local interest.
® A local ordinance is legally ineffective if inconsistent with statutes enacted by Congress.
® The Local Government Code of 1991 provides:
® SEC. 16. General Welfare. - Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.
® General Welfare Clause:
® Empowers LGU’s to enact and implement measures for the general well-being of their inhabitants. Its basis is the police power of the State as delegated to local government units.
® The powers of a LGU are not absolute.
® They are subject to limitations laid down by the Constitution and laws such as our Civil Code.
® The exercise of such powers should be subservient to paramount considerations of health and well-being of the community. Every local government has the sworn obligation to enact measures that will enhance the public health, safety and convenience, maintain peace and order, and promote the general prosperity of the inhabitants of local units. Based on this objective, the local government should refrain from acting towards that which prejudice or adversely affect the general welfare. (Makasiano vs Diokno, 212 SCRA 464)
® Examples of Ordinances:
® Manila Ordinance 7780 is entitled “AN ORDINANCE PROHIBITING AND PENALIZING THE PRINTING, PUBLICATION, SALE, DISTRIBUTION AND EXHIBITION OF OBSCENE AND PORNOGRAPHIC ACTS AND MATERIALS AND THE PRODUCTION, RENTAL, PUBLIC SHOWING AND VIEWING OF INDECENT AND IMMORAL MOVIES, TELEVISION SHOWS, MUSIC RECORDS, VIDEO AND VHS TAPES, LASER DISCS, THEATRICAL OR STAGE AND OTHER LIVE PERFORMANCES, EXCEPT THOSE REVIEWED BY THE MOVIE, TELEVISION REVIEW AND CLASSIFICATION BOARD (MTRCB).”
® Ordinance 7780, was enacted by the City Council of Manila at its regular session on January 28, 1993, and was subsequently approved by Mayor Alfredo S. Lim on February 19, 1993.
® Ordinance No. 8027, enacted on November 20, 2001 by the Sangguniang Panlungsod of Manila and became effective on December 28, 2001, after its publication. Ordinance No. 8027 reclassified the area described therein from industrial to commercial and directed the owners and operators of businesses disallowed under Section 1 to cease and desist from operating their businesses within six months from the date of effectivity of the ordinance. Among the businesses situated in the area are the so-called "Pandacan Terminals" of the oil companies Caltex, Petron and Shell.
® Ordinance No. 7695. AN ORDINANCE PROHIBITING THE DISPOSAL OF GARBAGE, TRASH, RUBBISH AND REFUSE IN AN UNCOVERED OR UNSEALED CONTAINER, PROVIDING PENALTY FOR VIOLATION THEREON, AND FOR OTHER PURPOSES.
® ORDINANCE NO. 7824 MAYOR LIM (SMOKE BAN TO MINORS)
® AN ORDINANCE PROHIBITING MINORS FROM SMOKING CIGARETTES, CIGARS, AND OTHER TOBACCO PRODUCTS WITHIN THE CITY OF MANILA
® It shall be unlawful for any minor to smoke cigarettes, cigars and other tobacco products in any form whatsoever, whether or not they are in the company of their parents, guardians elders or relatives who are not otherwise covered by this provision.
® Violation of this provision, upon conviction shall be punished as follows:a) first conviction – violator shall render four (4) hours community services under the supervision of the Youth Development and Welfare Bureau; b) second conviction- eight (8) hours of rendering community services; c) third and subsequent conviction – a fine of not less than five hundred pesos (P 500.00), or community services of sixteen (16) hours or both.
® February 18, 1994 ORDINANCE NO. 7842 MAYOR LIM (CIGARETTE SALE BAN TO MINORS)
® AN ORDINANCE PROHIBITING THE SELLING OF CIGARETTES, AND CIGARETTES PARAPHERNALIA TO MINORS AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
® The sale transfer and/or conveying possession or ownership of cigarettes and cigarette paraphernalia to minors is prohibited.
® Violation of this provision shall be punished by a fine of two hundred pesos (P200.00) for the first offense; five hundred pesos (P500.00) for the second offense; one thousand pesos (P1,000.00) or imprisonment for six (6) months, or both for the third offense, at the discretion of the court.
® Quezon City Ordinance No. SP- 91, S- 93 otherwise known as the Quezon City Revenue Code, has for its main goal the provision of effective systems, procedures and practices in the issuance and renewal of business permits. It regulates the nature and/or operations of various business activities within Quezon City.
® The City Council of Makati has passed an ordinance that will eventually rid the city of ugly billboards. Ordinance 2004- A-028 mandates that starting February 22, the erection of billboards in Makati City will be restricted. In the meantime, no permits for any new billboards are being issued. The concept is that Makati will put out a master plan that will indicate where billboards can be put up, in what sizes these will be allowed and how they will be constructed. Then, not only will there be less danger of Makati billboards falling on vehicles and citizens in case of high winds and storms, the Makati skyline will also no longer look as crowded as it does now.
® The Constitution establishes limited political autonomy to the local government units that act as the municipal governments for provinces, cities, municipalities, and barangays. (Section 1, Article X)
® Local governments are generally considered as falling under the executive branch, yet local legislation requires enactment by duly elected local legislative bodies.
® The Constitution (Section 3, Article X) mandated that the Congress would enact a Local Government Code. The Congress duly enacted Republic Act No. 7160, The Local Government Code of 1991, which became effective on 1 January 1992.
® The Local Government Code of 1991 (RA 7160) provides:
CHAPTER 3
Local Legislation
® Section 48. Local Legislative Power. - Local legislative power shall be exercised by the sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the sangguniang bayan for the municipality; and the sangguniang barangay for the barangay.
® The Sangguniang Bayan is the legislature of municipal governments in the Philippines. It passes ordinances and resolutions for the effective administration of the municipality. Its powers are defined by the Local Government Code of 1991.
® Legislation
® An ordinance passed by the Sangguniang Bayan is sent to the municipal mayor for approval. Once approved, it is transmitted to the Sangguniang Panlalawigan of the province to which the municipality belongs, for compliance review.
® On the other hand, when the mayor vetoes an ordinance, it is sent back to the Sangguniang Bayan to reconsider the objections; however the Sangguniang Bayan may override such veto by a two-thirds vote of all its members which renders the measure's approval. With regard to ordinances pertaining to appropriations; or resolutions for payments of money, the adoption of local development plans or public investment programs, or the creation of liabilities, the mayor may just veto particular items in it. Any veto action must be communicated with the Sangguniang Bayan within ten days otherwise the ordinance is considered approved.
® The Sangguniang Panlalawigan may declare an ordinance or portions of it invalid should it be found to be inconsistent with existing laws, or it goes beyond the authority the Sangguniang Bayan may actually exercise. But if no action is taken by the Sangguniang Panlalawigan within 30 days, it is presumed to be compliant and deemed valid.
® Ordinances Enacted by Local Government Units
® The basic LGU’s are the provinces, cities, municipalities and barangays. Each of these units have lawmaking powers to pass what is commonly called “ordinances” (to distinguish them from statutes enacted by Congress) which are usually of local interest.
® A local ordinance is legally ineffective if inconsistent with statutes enacted by Congress.
® The Local Government Code of 1991 provides:
® SEC. 16. General Welfare. - Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.
® General Welfare Clause:
® Empowers LGU’s to enact and implement measures for the general well-being of their inhabitants. Its basis is the police power of the State as delegated to local government units.
® The powers of a LGU are not absolute.
® They are subject to limitations laid down by the Constitution and laws such as our Civil Code.
® The exercise of such powers should be subservient to paramount considerations of health and well-being of the community. Every local government has the sworn obligation to enact measures that will enhance the public health, safety and convenience, maintain peace and order, and promote the general prosperity of the inhabitants of local units. Based on this objective, the local government should refrain from acting towards that which prejudice or adversely affect the general welfare. (Makasiano vs Diokno, 212 SCRA 464)
® Examples of Ordinances:
® Manila Ordinance 7780 is entitled “AN ORDINANCE PROHIBITING AND PENALIZING THE PRINTING, PUBLICATION, SALE, DISTRIBUTION AND EXHIBITION OF OBSCENE AND PORNOGRAPHIC ACTS AND MATERIALS AND THE PRODUCTION, RENTAL, PUBLIC SHOWING AND VIEWING OF INDECENT AND IMMORAL MOVIES, TELEVISION SHOWS, MUSIC RECORDS, VIDEO AND VHS TAPES, LASER DISCS, THEATRICAL OR STAGE AND OTHER LIVE PERFORMANCES, EXCEPT THOSE REVIEWED BY THE MOVIE, TELEVISION REVIEW AND CLASSIFICATION BOARD (MTRCB).”
® Ordinance 7780, was enacted by the City Council of Manila at its regular session on January 28, 1993, and was subsequently approved by Mayor Alfredo S. Lim on February 19, 1993.
® Ordinance No. 8027, enacted on November 20, 2001 by the Sangguniang Panlungsod of Manila and became effective on December 28, 2001, after its publication. Ordinance No. 8027 reclassified the area described therein from industrial to commercial and directed the owners and operators of businesses disallowed under Section 1 to cease and desist from operating their businesses within six months from the date of effectivity of the ordinance. Among the businesses situated in the area are the so-called "Pandacan Terminals" of the oil companies Caltex, Petron and Shell.
® Ordinance No. 7695. AN ORDINANCE PROHIBITING THE DISPOSAL OF GARBAGE, TRASH, RUBBISH AND REFUSE IN AN UNCOVERED OR UNSEALED CONTAINER, PROVIDING PENALTY FOR VIOLATION THEREON, AND FOR OTHER PURPOSES.
® ORDINANCE NO. 7824 MAYOR LIM (SMOKE BAN TO MINORS)
® AN ORDINANCE PROHIBITING MINORS FROM SMOKING CIGARETTES, CIGARS, AND OTHER TOBACCO PRODUCTS WITHIN THE CITY OF MANILA
® It shall be unlawful for any minor to smoke cigarettes, cigars and other tobacco products in any form whatsoever, whether or not they are in the company of their parents, guardians elders or relatives who are not otherwise covered by this provision.
® Violation of this provision, upon conviction shall be punished as follows:a) first conviction – violator shall render four (4) hours community services under the supervision of the Youth Development and Welfare Bureau; b) second conviction- eight (8) hours of rendering community services; c) third and subsequent conviction – a fine of not less than five hundred pesos (P 500.00), or community services of sixteen (16) hours or both.
® February 18, 1994 ORDINANCE NO. 7842 MAYOR LIM (CIGARETTE SALE BAN TO MINORS)
® AN ORDINANCE PROHIBITING THE SELLING OF CIGARETTES, AND CIGARETTES PARAPHERNALIA TO MINORS AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
® The sale transfer and/or conveying possession or ownership of cigarettes and cigarette paraphernalia to minors is prohibited.
® Violation of this provision shall be punished by a fine of two hundred pesos (P200.00) for the first offense; five hundred pesos (P500.00) for the second offense; one thousand pesos (P1,000.00) or imprisonment for six (6) months, or both for the third offense, at the discretion of the court.
® Quezon City Ordinance No. SP- 91, S- 93 otherwise known as the Quezon City Revenue Code, has for its main goal the provision of effective systems, procedures and practices in the issuance and renewal of business permits. It regulates the nature and/or operations of various business activities within Quezon City.
® The City Council of Makati has passed an ordinance that will eventually rid the city of ugly billboards. Ordinance 2004- A-028 mandates that starting February 22, the erection of billboards in Makati City will be restricted. In the meantime, no permits for any new billboards are being issued. The concept is that Makati will put out a master plan that will indicate where billboards can be put up, in what sizes these will be allowed and how they will be constructed. Then, not only will there be less danger of Makati billboards falling on vehicles and citizens in case of high winds and storms, the Makati skyline will also no longer look as crowded as it does now.
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