ARTICLE VI THE LEGISLATIVE DEPARTMENT

Section 1.The legislative power shall be vested in the Congress of the Philippines which shall consist of

a Senate and a House of Representatives, except to the extent reserved to the people by the provision

on initiative and referendum.

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 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.

BOOK I: SOVEREIGNTY AND GENERAL ADMINISTRATION

Chapter 6: OFFICIAL GAZETTE

Section 24. Contents. There shall be published in the Official Gazette all legislative acts and resolutions

of a public nature; all executive and administrative issuances of general application; decisions or

abstracts of decisions of the Supreme Court and the Court of Appeals, or other courts of similar rank, as

may be deemed by said courts of sufficient importance to be so published; such documents or classes

of documents as may be required so to be published by law; and such documents or classes of

documents as the President shall determine from time to time to have general application or which he

may authorize so to be published.

The publication of any law, resolution or other official documents in the Official Gazette shall be prima

facie evidence of its authority.

Article 2. Laws shall take effect after fifteen days following the completion of their publication either in the

Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise

provided. (As amended by E.O. 200)

Article 4. Laws shall have no retroactive effect, unless the contrary is provided. (3)

ARTICLE III BILL OF RIGHTS

Section 22. No ex post facto law or bill of attainder shall be enacted.

Article 22. Retroactive effect of penal laws. Penal laws shall have a retroactive effect insofar as they

favor the person guilty of a felony, who is not a habitual criminal, as this term is defined in Rule 5 of

Article 62 of this Code, although at the time of the publication of such laws a final sentence has been

pronounced and the convict is serving the same.

BOOK I: SOVEREIGNTY AND GENERAL ADMINISTRATION

Chapter 5: OPERATION AND EFFECT OF LAWS

Section 20. Interpretation of Laws and Administrative Issuances. - In the interpretation of a law or

administrative issuance promulgated in all the official languages, the English text shall control, unless

otherwise specifically provided. In case of ambiguity, omission or mistake, the other texts may be

consulted.

Section 21. No Implied Revival of Repealed Law.- When a law which expressly repeals a prior law itself

repealed, the law first repealed shall not be thereby revived unless expressly so provided.

Section 22. Revival of Law Impliedly Repealed. - When a law which impliedly repeals a prior law is itself

repealed, the prior law shall thereby be revived, unless the repealing law provides otherwise.

Article 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be

excused by disuse, or custom or practice to the contrary.

When the courts declare a law to be inconsistent with the Constitution, the former shall be void

and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not

contrary to the laws or the Constitution. (5a)

Article 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the

legal system of the Philippines. (n)

ARTICLE VIII JUDICIAL DEPARTMENT

Section 4. (3) Cases or matters heard by a division shall be decided or resolved with the concurrence of

a majority of the Members who actually took part in the deliberations on the issues in the case and voted

thereon, and in no case, without the concurrence of at least three of such Members. When the required

number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law

laid down by the court in a decision rendered en banc or in division may be modified or reversed except

by the court sitting en banc.

RULE 13

DECISION-MAKING PROCESS

Section 1. Period for deciding or resolving cases. The Court shall decide or resolve all cases within

twenty-four months from the date of submission for resolution. A case shall be deemed submitted for

decision or resolution upon the filling of the last pleading, brief, or memorandum that the Court or its

Rules require.

The Member-in-charge, assigned to oversee the progress and disposition of a case, who is unable to

decide or resolve the oldest cases within that period shall request the Court en banc for an extension of

the period, stating the ground for the request. The Court shall act on the request as it sees fit, according

to the circumstances of the case.

Should a Member object to the request, the Court shall grant a final extension of thirty days within the

Member-in-Charge shall report the case for deliberation, falling which, the case shall be re-raffled to

another Member who shall submit the report within thirty days from assignment.

Section 2. List of cases submitted for decision or resolution. The Clerk of Court and the Division Clerks

of Court shall maintain a system for apprising the Court periodically, at least six months before the last

day of the twenty-four-month period for deciding or resolving a case, of the approach of such cut off

date.

Section 3. Actions and decisions, how reached. The actions and decisions of the Court whether en

banc or through a Division, shall be arrived at as follows:

(a) Initial action on the petition or complaint. After a petition or complaint has been placed on

the agenda for the first time, the Member-in-Charge shall except in urgent cases, submit to the other

Members at least three days before the initial deliberation in such case, a summary of facts, the issue or

issues involved, and the arguments that the petitioner presents in support of his or her case. The Court

shall, in consultation with its Members, decide on what action it will take.

(b) Action on incidents. The Member-in-Charge shall recommend to the Court the action to be

taken on any incident during the pendency of the case.

(c) Decision or Resolution. When a case is submitted for decision or resolution, the Member-in-

Charge shall have the same placed in the agenda of the Court for deliberation. He or she shall submit to

the other Members of the Court, at least seven days in advance, a report that shall contain the facts, the

issue or issues involved, the arguments of the contending parties, and the laws and jurisprudence that

can aid the Court in deciding or resolving the case. In consultation, the Members of the Court shall

agree on the conclusion or conclusions in the case, unless the said Member requests a continuance and

the Court grants it.

Section 4. Continuance in deliberations. The deliberation on a case may be adjourned to another date

to enable the Member who requested it to further study the case; provided, however, that the total period

of continuances shall not exceed three months from the date was first adjourned. This rule shall likewise

apply to actions on months for reconsideration of the decisions and resolutions of the Court, unless a

Member, whose vote in the original decision of a divided Court matters, is about to retire. In such a

situation, the action on the motion for reconsideration submitted for resolution shall be made before his

or her retirement.

Section 5. Ponente or Opinion writer. Immediately upon arriving at a conclusion regarding the issue or

issues in the case, the Court shall assign2 a Member to write the opinion of the Court. Should the majority

vote of the court on such conclusion be different from or contrary to the conclusion arrived at by the

ponente, the writing of the new opinion shall be assigned to a ponente chosen by the majority.

Section 6. Manner of adjudication. The Court shall adjudicate cases as follows:

(a) By decision, when the Court disposes of the case on its merits and its rulings have significant

doctrinal values; resolve novel issues; or impact on the social, political, and economic life of the nation.

The decision shall state clearly and distinctly the facts and the law on which it is based. It shall bear the

signatures of the members who took part in the deliberation.

(b) By signed resolution, when the Court comprehensively resolves the motion for reconsideration filed in

the case or when a dissenting opinion is registered against such resolution. The signed resolution shall

no longer discuss issues resolved in the decision and need not repeat the facts and the law stated in it.

It shall also bear the signatures of the Members who took part in the deliberation.

(c) By unsigned resolution when the Court disposes of the case on the merits, but its ruling is essentially

meaningful only to the parties; has no significant doctrinal value; or is minimal interest to the law

profession, the academe, or the public. The resolution shall state clearly and distinctly the facts and the

law on which it is based.

(d) By minute resolution when the Court (1) dismisses a petition filed under Rule 64 or 65 of the Rules of

Court, citing as legal basis the failure of the petition to show that the tribunal, board or officer exercising

or quasi-judicial functions has acted without or in excess of jurisdiction, or with grave abuse of discretion

amounting to lack or excess of jurisdiction; (2) denies petition filed under Rule 45 of the said Rules,

citing as legal basis the absence of reversible error committed in the challenged decision, resolution, or

order of the court below; (3) Dismisses an administrative complaint, citing as legal basis failure to show

a prima facie case against the respondent; (4) denies a motion for reconsideration, citing as legal basis

the absence of a compelling or cogent reason to grant the motion, or the failure to raise any substantial

argument to support such motion; and (5) dismisses a petition on technical grounds or deficiencies.

Section 7. Dissenting separate or concurring opinion. A Member who disagrees with the majority

opinion, its conclusions, and the disposition of the case may submit to the Chief Justice or Division

Chairperson a dissenting opinion, setting forth the reason for such dissent. A Member who agrees with

the result of the case, but based on different reason or reasons may submit a separate opinion; a

concurrence "in the result" should state the reason for the qualified concurrence. A Member who agrees

with the main opinion, but opts to express other reasons for concurrence may submit a concurring

opinion. The dissenting, separate, or concurring opinion must be within one week from the date the

writer of the majority opinion presents the decision for the signature of the Members.

Section 8. Attestations and certifications on consultations held. In cases decided by a Division, the

Division Chairperson shall issue an attestation regarding the conduct of consultation among its Members

and the assignment of the writing of the decision to a Member after such consultation. In all decided

cases, whether by the Court en banc or by a Division, the Chief shall issue a certification regarding the

conduct of consultant among the Members of the Court and the assignment of the writing of the decision

to a Member after such consultation.

Section 9. Submission of decisions and resolutions. The original of all decisions and resolutions as well

as separate, concurring, or dissenting opinions shall be submitted to the Chief Justice, accompanied by

electronic copies. The Judicial Staff Head of the Office of the ponente or the writer of the majority opinion

shall certify, in writing, the authenticity of the electronic copies, which shall be placed in a separately

marked, dated, and signed envelop.

Section 10. Promulgation of decisions and resolutions. The Clerk of Court or the Division Clerk of Court

shall promulgated every decision or resolution within forty-eight hours from receipt of the same from the

Office of the Chief Justice, indicating the date and hour of promulgation and affixing his or her signature

underneath such date and hour. In the absence of the Clerk of Court, the First Division Clerk of Court

shall promulgated the decisions of the Court en banc.

Section 11. Authentication of decisions and resolutions. All decisions, resolutions, and other Court

issuances shall be released to the parties concerned only after these shall have been authenticated by

the Clerk of Court of Division Clerk of Court through a bar code at the bottom of each page, which he or

she shall personally affix, or by other means to protect the authenticity and integrity of such document.

They shall also initial every page of per curiam decisions, minute resolutions, and unsigned extended

resolutions.

RULE 14

HANDLING AND DISSEMINATION OF DECISIONS AND RESOLUTIONS

Section 1. Promulgation. A decision or resolution shall deemed promulgated on the date it is received

and acknowledged by the Clerk of Court or Division Clerk of Court from the Office of the Chief Justice or

the Division Chairperson.

Section 2. Report of promulgation. Within twenty-four hours from the promulgation of a decision or

resolution, the Clerk of Court or the Division Clerk of Court shall formally inform the Chief Justice or the

Division Chairperson of such promulgation.

Section 3. Electronic dissemination of decision or resolution. Upon receipt of the report of

promulgation, the Chief Justice shall direct the Chief Justices Staff Head to deliver immediately the

magnetic or electronic copy of the decision or resolution to the Management Information Systems Office

(MISO).

Section 4. Responsibilities of the MISO. Upon receipt of a copy of a promulgated decision or

resolution, the MISO shall

(a) log the date and time of receipt;

(b) format the decision or resolution in such a way as to make it readable on the Supreme Court website;

(c) scan any handwritten notes on the signature page, such as "In the result," and include signature

page with the same handwritten notes for posting;

(d) take note of any typographical error in the magnetic or electronic file of the decision or resolution,

and immediately bring it to the attention of the writer of the decision or resolution, or the Chief Justice in

case of a per curiam decision or when the writer has ceased to serve the Court;

(e) immediately furnish the Library with soft copies of all decisions and resolutions for archival purposes.

Section 5. Service and dissemination of decisions and signed resolutions. The Clerk of Court or the

Division Clerk of Court shall see to the service of authenticated copies of the promulgated decision or

signed resolution upon the parties in accordance with the provisions of the Rules of Court. The Clerk of

Court of the Division Clerk of Court shall also immediately provide hard copies of the same to the Public

Information Office, Office of the Court Administrator, Office of the Chief Attorney, Philippine Judicial

Academy, and the Library.

Section 6. Safekeeping of original hard copy of decision and drafting of syllabus of each promulgated

decision. As soon as hard copies of the decision or resolution shall have been served on the parties

and disseminated in accordance with these Rules, the Clerk of Court or the Division Clerk of Court shall

deliver to the Office of the Reporter (a) the original hard copy of each signed decision or resolution for

safekeeping, and (b) a reproduction of such hard copy for the preparation of the concise synopsis and

syllabus of each decision or resolution duly approved by the writer of the decision or by the Chief Justice

if the writer has retired or is no longer in the judicial service, prior to publication in the Philippine Reports.

The Office of the Reporter shall (a) see to the secured safekeeping of original decisions that shall be

collated and bound on a monthly basis, and (b) be responsible for the updated publication of the

Philippine Reports.

Section 7. Publication of decisions and resolutions. A decision and signed resolution of the Court shall

be published in the Philippine Reports, with the synopsis and syllabus prepared by the Office of the

Reporter. Other decisions and signed resolutions not so published may also be published in the

Philippine Reports in the form of memoranda prepared by the Office of the Reporter. The Public

Information (PIO) may choose and submit significant decisions and resolutions for publication in the

Official Gazette.

RULE 131

Burden of Proof and Presumptions

Section 3. Disputable presumptions. The following presumptions are satisfactory if uncontradicted,

but may be contradicted and overcome by other evidence:

(hh) That a printed or published book, purporting contain reports of cases adjudged in tribunals of the

country where the book is published, contains correct reports of such cases;

ARTICLE VII EXECUTIVE DEPARTMENT

Section 17. The President shall have control of all the executive departments, bureaus, and offices. He

shall ensure that the laws be faithfully executed.

BOOK III : OFFICE OF THE PRESIDENT

Title I: POWERS OF THE PRESIDENT

Chapter 2: ORDINANCE POWER

Section 2. Executive Orders. Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in

executive orders.

Section 3. Administrative Orders. Acts of the President which relate to particular aspect of governmental operations in pursuance of his duties as administrative head shall be promulgated in

administrative orders.

Section 4. Proclamations. Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to

depend, shall be promulgated in proclamations which shall have the force of an executive order.

Section 5. Memorandum Orders. Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government

shall be embodied in memorandum orders.

Section 6. Memorandum Circulars. Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies,

bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum

circulars.

Section 7. General or Special Orders. Acts and commands of the President in his capacity as CommanderinChief of the Armed Forces of the Philippines shall be issued as general or special orders.

BOOK VII: ADMINISTRATIVE PROCEDURE

CHAPTER 2: RULES AND REGULATIONS

Section 3. Filing. -

(1) Every agency shall file with the University of the Philippines Law Center three (3) certified copies of

every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within

three (3) months from that date shall not thereafter be the basis of any sanction against any party or

persons.

(2) The records officer of the agency, or his equivalent functionary, shall carry out the requirements of

this section under pain of disciplinary action.

(3) A permanent register of all rules shall be kept by the issuing agency and shall be open to public

inspection.

Section 4. Effectivity. - In addition to other rule-making requirements provided by law not inconsistent

with this Book, each rule shall become effective fifteen (15) days from the date of filing as above

provided unless a different date is fixed by law, or specified in the rule in cases of imminent danger to

public health, safety and welfare, the existence of which must be expressed in a statement

accompanying the rule. The agency shall take appropriate measures to make emergency rules known to

persons who may be affected by them.

Section 5. Publication and Recording. - The University of the Philippines Law Center shall:

(1) Publish a quarter bulletin setting forth the text of rules filed with it during the preceding quarter; and

(2) Keep an up-to-date codification of all rules thus published and remaining in effect, together with a

complete index and appropriate tables.

Section 6. Omission of Some Rules. -

(1) The University of the Philippines Law Center may omit from the bulletin or the codification any rule if

its publication would be unduly cumbersome, expensive or otherwise inexpedient, but copies of that rule

shall be made available on application to the agency which adopted it, and the bulletin shall contain a

notice stating the general subject matter of the omitted rule and new copies thereof may be obtained.

(2) Every rule establishing an offense or defining an act which, pursuant to law, is punishable as a crime

or subject to a penalty shall in all cases be published in full text.

ARTICLE II DECLARATION OF PRINCIPLES AND STATE POLICIES

PRINCIPLES

Section 2. The Philippines renounces war as an instrument of national policy, adopts the generally

accepted principles of international law as part of the law of the land and adheres to the policy of peace,

equality, justice, freedom, cooperation, and amity with all nations.

ARTICLE VII EXECUTIVE DEPARTMENT

Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at

least two-thirds of all the Members of the Senate.

ARTICLE VIII JUDICIAL DEPARTMENT

Section 5. The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,

practice, and procedure in all courts, the admission to the practice of law, the integrated bar, and legal

assistance to the under-privileged. Such rules shall provide a simplified and inexpensive procedure for

the speedy disposition of cases, shall be uniform for all courts of the same grade, and shall not diminish,

increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies

shall remain effective unless disapproved by the Supreme Court.