RESEARCH AND BILL DRAFTING RESEARCH AND BILL DRAFTING FOR MEMBERS OF THE FOR MEMBERS OF THE REGIONAL LEGISLATIVE REGIONAL LEGISLATIVE

ASSEMBLY OF THE ARMMASSEMBLY OF THE ARMMBy:By:

ATTY. ROSARIO H. AMATONG-BUENDIAATTY. ROSARIO H. AMATONG-BUENDIA

September 6, 2013 September 6, 2013

INTRODUCTIONINTRODUCTION Scope Scope

A. Powers, functions and A. Powers, functions and responsibilities of the responsibilities of the Regional Assembly with Regional Assembly with sample of bills sample of bills

B. Research and Bill DraftingB. Research and Bill Drafting

Procedure Procedure

C. How to amend an existing C. How to amend an existing

lawlaw

PPERSONAL REQUIREMENTS OF A MEMBER ERSONAL REQUIREMENTS OF A MEMBER OF CONGRESS/LEGISLATIVE ASSEMBLYOF CONGRESS/LEGISLATIVE ASSEMBLY

Knowledge of political, Knowledge of political, economic, social and economic, social and cultural aspects of life.cultural aspects of life.

Knowledge of the districts Knowledge of the districts or province they are or province they are representing.representing.

Knowledge of official Knowledge of official parliamentary parliamentary procedures.procedures.

Excellent Excellent communication and communication and listening skillslistening skills

POWERS OF THE MEMBERS POWERS OF THE MEMBERS OF THE REGIONAL OF THE REGIONAL

LEGISLATIVE ASSEMBLYLEGISLATIVE ASSEMBLY

General Plenary PowersGeneral Plenary Powers

Legislative power Legislative power or law making or law making powerpower (Art. VI Sec.1 (Art. VI Sec.1 ARMM)ARMM)

Art. VI Sec.1 (ARMM)Art. VI Sec.1 (ARMM)

The Regional Assembly- The The Regional Assembly- The Legislative power of the Legislative power of the

autonomous government shall autonomous government shall be vested in the Regional be vested in the Regional

Assembly except to the extent Assembly except to the extent that is reserved to the people by that is reserved to the people by

provisions on initiative and provisions on initiative and referendum as provided by law.referendum as provided by law.

HOUSE BILL NO. 2300HOUSE BILL NO. 2300

“ “ An Act Instituting the Philippine An Act Instituting the Philippine Code of Crimes to further Code of Crimes to further

strengthen the criminal justice strengthen the criminal justice system, repealing for the purpose system, repealing for the purpose

book one of Act No. 3815, as book one of Act No. 3815, as amended, otherwise known as the amended, otherwise known as the

Revised Penal Code of the Revised Penal Code of the Philippines and other Special Philippines and other Special

Laws”Laws”

R.A. 6735R.A. 6735 The Initiative and The Initiative and Referendum ActReferendum Act

Initiative – the power of the people to Initiative – the power of the people to directly propose, enact, approve or directly propose, enact, approve or reject the Constitution, laws, reject the Constitution, laws, ordinances or resolutions past by any ordinances or resolutions past by any legislative body legislative body

Santiago v. Comelec GR 127325 Mar. Santiago v. Comelec GR 127325 Mar. 25 1997, The Law on Initiative is 25 1997, The Law on Initiative is inadequate, incomplete and wanting in inadequate, incomplete and wanting in essential terms insofar as amendments essential terms insofar as amendments to the constitution is concerned.to the constitution is concerned.

Power to raise money Power to raise money for public usefor public use

(Taxation) (Art. XI, Secs. 1, (Taxation) (Art. XI, Secs. 1, 7, 13, ARMM)7, 13, ARMM)

Art. IX, Sec. 1 (ARMM)Art. IX, Sec. 1 (ARMM)The Regional Government shall The Regional Government shall

have the power to create its have the power to create its own sources of revenues and own sources of revenues and

to levy taxes, fees, and to levy taxes, fees, and charges, subject to the charges, subject to the

provisions of the Constitution provisions of the Constitution and this Organic Act.and this Organic Act.

Art. IX, Sec. 7 (ARMMArt. IX, Sec. 7 (ARMM))

Extent of Tax Powers; Exceptions. Extent of Tax Powers; Exceptions. – Unless otherwise provided – Unless otherwise provided

herein, the taxing power of the herein, the taxing power of the regional government and of the regional government and of the provinces, cities, municipalities, provinces, cities, municipalities, and barangays located therein and barangays located therein

shall not extend to the following:shall not extend to the following:

(a) Income tax, except when levied on (a) Income tax, except when levied on banks and other financial institutions;banks and other financial institutions;

(b) Documentary stamps tax;(b) Documentary stamps tax;

(c) Taxes on estate, inheritance, gifts, (c) Taxes on estate, inheritance, gifts, legacies, and other acquisition legacies, and other acquisition mortis mortis causacausa, except as otherwise provided by , except as otherwise provided by law;law;

(d) Customs duties, registration fees of (d) Customs duties, registration fees of vessels and wharfage and other charges.vessels and wharfage and other charges.

HOUSE BILL NO. 00127HOUSE BILL NO. 00127

““An Act Imposing an Excise Tax, To An Act Imposing an Excise Tax, To be Known as Environmental Levy be Known as Environmental Levy

on the use of Plastic Bags in on the use of Plastic Bags in shops, supermarkets, service shops, supermarkets, service stations, stores and/or sales stations, stores and/or sales

outlets, creating the outlets, creating the

Environmental Support FundEnvironmental Support Fund””

HOUSE BLL NO. 3343HOUSE BLL NO. 3343

“ “ An Act Providing for An Act Providing for a Standard Rate of a Standard Rate of Fees and Charges Fees and Charges

for Automated for Automated Teller Machines”Teller Machines”

House Bill 4438House Bill 4438

An Act Prohibiting the An Act Prohibiting the Imposition of Fees and Imposition of Fees and

Charges on DormantCharges on Dormant

Accounts and for other Accounts and for other purposespurposes

Article IX, Sec. 13Article IX, Sec. 13

Regional Tax ExemptionsRegional Tax Exemptions. . The Regional Assembly, by The Regional Assembly, by a vote of absolute majority a vote of absolute majority of all its members, may of all its members, may grant exemptions from grant exemptions from regional taxes.regional taxes.

RA 10143RA 10143 An Act Establishing The Philippine Tax An Act Establishing The Philippine Tax

Academy, Definings Its Powers and Academy, Definings Its Powers and FunctionsFunctions

Sec. 13. Income, Legacies, Gifts, Sec. 13. Income, Legacies, Gifts, Donations, Foreign Aids and GrantsDonations, Foreign Aids and Grants

For the benefit of the Philipppine Tax For the benefit of the Philipppine Tax Academy or for its operations , Academy or for its operations , administration and support or maintenance administration and support or maintenance shall be exempt from all forms of taxes, shall be exempt from all forms of taxes, fees, assessments and other charges of the fees, assessments and other charges of the government, its agencies, government, its agencies, instrumentalities, branches and instrumentalities, branches and subdivisionssubdivisions

RA 10026RA 10026

“ “ An Act Granting Income Tax An Act Granting Income Tax Exemption to Local Water Districts Exemption to Local Water Districts by Amending Section 27(C) of the by Amending Section 27(C) of the National Revenue Code (NIRC) of National Revenue Code (NIRC) of 1997, as amended, and adding 1997, as amended, and adding

Section 289-A to the Code, for the Section 289-A to the Code, for the purpose” (Lapsed into Law on purpose” (Lapsed into Law on

March 11. 2010)March 11. 2010)

Power to provide how Power to provide how that money should be that money should be usedused

(Appropriations) (Appropriations)

(Art VI, Sec 20,(Art VI, Sec 20, ARMM) ARMM)

Art VI, Sec 20 (ARMM)Art VI, Sec 20 (ARMM) Annual Budget and Infrastructure FundsAnnual Budget and Infrastructure Funds. . – The annual budget of the Regional – The annual budget of the Regional Government shall be enacted by Government shall be enacted by Regional Assembly. Funds for Regional Assembly. Funds for infrastructure in the autonomous region infrastructure in the autonomous region allocated by the central government or allocated by the central government or national government shall be national government shall be appropriated through a Regional appropriated through a Regional Assembly Public Works Act.Assembly Public Works Act.

Unless approved by the Regional Unless approved by the Regional Assembly, no public works funds Assembly, no public works funds

allocated by the central government allocated by the central government or national government for the or national government for the

Regional Government or allocated by Regional Government or allocated by the Regional Government from its the Regional Government from its own revenues may be disbursed, own revenues may be disbursed,

distributed, realigned, or used in any distributed, realigned, or used in any manner.manner.

RA 10155RA 10155

“ “ General Appropriatons Act of General Appropriatons Act of 2012”2012”

TOTAL APPROPRIATIONS, TOTAL APPROPRIATIONS, AUTONOMOUS REGION IN AUTONOMOUS REGION IN

MUSLIM MINDANAO:MUSLIM MINDANAO:

P 11,717,707,000P 11,717,707,000

RA 10352RA 10352

““General Appropriations Act 2013”General Appropriations Act 2013”

TOTAL APPROPRIATIONS, TOTAL APPROPRIATIONS, AUTONOMOUS REGION IN MUSLIM AUTONOMOUS REGION IN MUSLIM

MINDANAO:MINDANAO:

P13,172,022,000P13,172,022,000

Proposed New Appropriations Proposed New Appropriations Language for general Language for general

administration and support to administration and support to operations, and operations, operations, and operations,

including locally-funded projects including locally-funded projects and foreign-assisted projects:and foreign-assisted projects:

P19,615,029,000P19,615,029,000

AUTONOMOUS REGION IN AUTONOMOUS REGION IN MUSLIM MINDANAO PROPOSED MUSLIM MINDANAO PROPOSED BUDGET FOR FISCAL YEAR 2014BUDGET FOR FISCAL YEAR 2014

Non-Legislative Non-Legislative PowersPowers

The power of removalThe power of removal

(Art. VII Sec. 13)(Art. VII Sec. 13)

Article VII, Sec. 13 (ARMArticle VII, Sec. 13 (ARMM)M)

Removal of Regional Governor or Removal of Regional Governor or Regional Vice Governor. – The Regional Regional Vice Governor. – The Regional Governor or the Regional Vice Governor Governor or the Regional Vice Governor may be removed from office for may be removed from office for culpable violation of the Constitution or culpable violation of the Constitution or this Organic Act, treason, bribery, graft this Organic Act, treason, bribery, graft and corruption, other high crimes, or and corruption, other high crimes, or betrayal of public trust by a three-betrayal of public trust by a three-fourths (3/4) vote of all the Members of fourths (3/4) vote of all the Members of the Regional Assemblythe Regional Assembly . .

The power to propose The power to propose amendments to the amendments to the

ConstitutionConstitution

(Art. XVII Sec. 2 ARMM)(Art. XVII Sec. 2 ARMM)

Art XVII, Sec. 2Art XVII, Sec. 2 (ARMM) (ARMM)

The Regional Assembly shall have The Regional Assembly shall have the power to initiate proposals for the power to initiate proposals for amendment to or revisions of this amendment to or revisions of this Organic Act by a vote of three-Organic Act by a vote of three-fourths (3/4) of all of its Members fourths (3/4) of all of its Members or it may call for a Regional or it may call for a Regional Consultative Commission to Consultative Commission to propose the amendment or propose the amendment or revision. revision.

In any case, the amendment or In any case, the amendment or revision shall require the revision shall require the approval of the Congress of the approval of the Congress of the Philippines by a vote of two-Philippines by a vote of two-thirds (2/3) of the Members of thirds (2/3) of the Members of the House of Representatives the House of Representatives and of the Senate voting and of the Senate voting separately.separately.

HR 00730 HR 00730

“ “ Resolution to Constitute the Senate Resolution to Constitute the Senate and the House of Representatives and the House of Representatives

into a Constituent Assembly for the into a Constituent Assembly for the purpose of drafting and proposing purpose of drafting and proposing amendments to, or revision of, the amendments to, or revision of, the 1987 Constitution particularly to 1987 Constitution particularly to establish a unicameral Congress”establish a unicameral Congress”

HOUSE CONCURRENT HOUSE CONCURRENT RESOLUTION NO. 0017RESOLUTION NO. 0017

“ “ A Concurrent Resolution A Concurrent Resolution calling for a Constitutional calling for a Constitutional

Convention to propose Convention to propose amendments to, or revision amendments to, or revision of, the 1987 Constitution of of, the 1987 Constitution of

the Republic of the the Republic of the Philippines”Philippines”

HOUSE CONCURRENT HOUSE CONCURRENT RESOLUTION NO. 0026RESOLUTION NO. 0026

“ “ Concurrent Resolution Concurrent Resolution Submitting to the People Submitting to the People the Question of Calling a the Question of Calling a

Constitutional Constitutional Convention”Convention”

Implied PowersImplied Powers

Power to punish for Power to punish for contempt/ contempt/ Power of Power of inquiry and inquiry and investigationinvestigation (Art. VI, (Art. VI, Sec. 13 par. 5 ARMM)Sec. 13 par. 5 ARMM)

Arnault v. NazarenoArnault v. Nazareno.R. No. L-3820 July 18, 1950.R. No. L-3820 July 18, 1950

The Senate has the power to punish for The Senate has the power to punish for contempt for refusing to reveal the name contempt for refusing to reveal the name of person to whom Pesos 440,000 was of person to whom Pesos 440,000 was given because information is often given because information is often unavailing, inaccurate and incomplete so unavailing, inaccurate and incomplete so some compulsion is essentialsome compulsion is essential

Senate has authority to commit petitioner Senate has authority to commit petitioner in contempt beyond its legislative sessionin contempt beyond its legislative session

Arnault cannot invoke his right to self-Arnault cannot invoke his right to self-incrimination; it is for the court to incrimination; it is for the court to determinedetermine

Art. VI, Sec. 13 par. 5 Art. VI, Sec. 13 par. 5 (ARMM)(ARMM)

The Regional Assembly or any of its The Regional Assembly or any of its committees may conduct inquiries or committees may conduct inquiries or public consultations in aid of legislation in public consultations in aid of legislation in accordance with its rules. In connection accordance with its rules. In connection therewith, it shall have the power to issue therewith, it shall have the power to issue subpoenaesubpoenae or or subpoenae duces tecumsubpoenae duces tecum to to compel the attendance of and the compel the attendance of and the production of papers, documents or production of papers, documents or things by witnesses or persons under things by witnesses or persons under investigation by the assembly, itself, or investigation by the assembly, itself, or by any of its committees. by any of its committees.

It shall also have the right to cite It shall also have the right to cite witnesses or persons under witnesses or persons under investigation for contempt for refusal investigation for contempt for refusal to testify before it or before any of its to testify before it or before any of its committees or to produce papers, committees or to produce papers, documents or things required by the documents or things required by the assembly or any of its committees. assembly or any of its committees. The rights of persons appearing in or The rights of persons appearing in or affected by such inquiries shall be affected by such inquiries shall be respected.respected.

Question Hour Question Hour

(Art VI, Sec. 14 (Art VI, Sec. 14 ARMM)ARMM)

Art. VI, Sec. 14 (ARMM)Art. VI, Sec. 14 (ARMM)

Questioning Cabinet Members and Other Questioning Cabinet Members and Other OfficialsOfficials. – The Regional Assembly may, . – The Regional Assembly may, in aid of legislation and with the express in aid of legislation and with the express consent of the Regional Governor, consent of the Regional Governor, require the presence of the regional require the presence of the regional cabinet members or their deputies as its cabinet members or their deputies as its rules shall provide, for questioning on rules shall provide, for questioning on matters falling within the scope of their matters falling within the scope of their powers and functions.powers and functions.

The Regional Assembly may The Regional Assembly may require any regional require any regional commission, office, or commission, office, or agency of the central agency of the central government or national government or national government with offices in government with offices in the autonomous region to the autonomous region to explain matters relating to explain matters relating to the exercise of its powers the exercise of its powers and functions.and functions.

To Confirm Certain To Confirm Certain Appointments (Appointments ( Art. Art. VII Sec. 2, par. 3 VII Sec. 2, par. 3 ARMM)ARMM)

Art. VII, Sec. 2, p. 3 Art. VII, Sec. 2, p. 3 (ARMM)(ARMM)

The Regional Governor The Regional Governor shall appoint the shall appoint the members of the cabinet members of the cabinet subject to confirmation subject to confirmation by the Regional by the Regional Assembly.Assembly.

Power with Regard to Power with Regard to Utilization of Natural Utilization of Natural Resources Resources (Art. XII, (Art. XII, Sec. 1 and Art. XII Sec. 8 Sec. 1 and Art. XII Sec. 8 ARMM)ARMM)

Art. XII Sec. 1 (ARMM)Art. XII Sec. 1 (ARMM)

Regional Economy and Regional Economy and Conservation of Patrimony – Conservation of Patrimony – Consistent with the Constitution Consistent with the Constitution and existing laws the Regional and existing laws the Regional Assembly may enact laws Assembly may enact laws pertaining to the regional economy pertaining to the regional economy and patrimony that are responsive and patrimony that are responsive to the needs of the region. to the needs of the region.

The Regional Government may The Regional Government may not lower the standards not lower the standards required by the central required by the central government or national government or national government for the protection, government for the protection, conservation, and conservation, and enhancement of the natural enhancement of the natural resources.resources.

Art. XII, Sec. 8 (ARMMArt. XII, Sec. 8 (ARMM ) )

Rules, Regulations and Fees. – The Rules, Regulations and Fees. – The Regional Assembly shall by law Regional Assembly shall by law regulate the exploration, utilization, regulate the exploration, utilization, development, and protection of the development, and protection of the natural resources, including the natural resources, including the mines, and minerals, except the mines, and minerals, except the strategic minerals as provided in strategic minerals as provided in this Organic Act. this Organic Act.

The Regional Government The Regional Government shall, pursuant to the said shall, pursuant to the said law prescribe the rules law prescribe the rules and regulations and and regulations and impose regulatory fees in impose regulatory fees in connection therewith. connection therewith.

Upon the enactment of the said Upon the enactment of the said law and the effectivity of such law and the effectivity of such rules and regulations, the fees rules and regulations, the fees imposed by the Regional imposed by the Regional Government shall replace Government shall replace those that had been imposed those that had been imposed by the central government or by the central government or national government.national government.

LEGISLATIVE RESEARCH:LEGISLATIVE RESEARCH:

AN ESSENTIAL TOOL OF AN ESSENTIAL TOOL OF

PARLIAMENTARY PARLIAMENTARY

DRAFTINGDRAFTING

GUIDE QUESTIONS GUIDE QUESTIONS IN LEGISLATIVE IN LEGISLATIVE RESEARCH AND RESEARCH AND BILL DRAFTINGBILL DRAFTING

What is the prevailing law What is the prevailing law governing the subject governing the subject matter of the research or bill matter of the research or bill and resolution?and resolution?

What provisions of the What provisions of the constitution are relevant to constitution are relevant to the subject matterthe subject matter??

What is the controlling What is the controlling jurisprudence?jurisprudence?

What is the What is the government policy on government policy on the matter?the matter?

What is the stand of the What is the stand of the concerned government concerned government agency, the NGOs, agency, the NGOs, interest groups and interest groups and other stakeholders on other stakeholders on the subject?the subject?

Had there been a similar Had there been a similar bill filed in the previous bill filed in the previous Congresses?Congresses?

Has a bill been filed in theHas a bill been filed in the

present Congress? present Congress?

SOURCES OF INFORMATIONSOURCES OF INFORMATION

WHEREWHERE- -

when one sets about when one sets about searching for legal searching for legal information where information where does the person go?does the person go?

LibrariesLibraries

School LibrariesSchool Libraries Government Libraries Government Libraries

(National Library, Senate (National Library, Senate Library, House of Library, House of Representatives Library, Representatives Library, Supreme Court Library, etc.)Supreme Court Library, etc.)

Computer-based legal research Computer-based legal research systemsystem

On-line source/Web Source On-line source/Web Source ResearchResearch

www. congress.gov.phwww. congress.gov.ph www. senate.gov.phwww. senate.gov.ph www. judiciary.gov.phwww. judiciary.gov.ph www. chanrobles.comwww. chanrobles.com www.lawphil.netwww.lawphil.net www.gov.phwww.gov.ph

Software ProgramsSoftware Programs

LEX LIBRISLEX LIBRIS

LEXIS LEXIS - (Latest software programs - (Latest software programs that provide Philippine Laws and that provide Philippine Laws and Jurisprudence together with U.S. Jurisprudence together with U.S. Federal and state court cases, Federal and state court cases, legislation, law reviews and legislation, law reviews and journals)journals)

Government Government Agency/StakeholderAgency/Stakeholders concerneds concerned

WHO WHO – – Research work can Research work can be expedited by be expedited by consulting the right consulting the right peoplepeople

LibrarianLibrarianColleagueColleagueProfessorsProfessorsConsultantConsultantLecturerLecturerGovernment EmployeesGovernment Employees

WHEN WHEN – –

The information may The information may be obtained by be obtained by

attending or attending or participating in:participating in:

SeminarsSeminarsSymposiaSymposiaConventionsConventionsConferencesConferencesDialoguesDialogues

WHATWHAT – –

The information may The information may be in any type of legal be in any type of legal materials, such as:materials, such as:

TextbooksTextbooksLegal FormsLegal FormsText of lawText of law JournalsJournalsCitatorsCitatorsDictionariesDictionariesLaw ReportsLaw Reports

STEPS IN PREPARING RESEARCH STEPS IN PREPARING RESEARCH REPORTSREPORTS

STEP 1. STEP 1. The First Step is always to The First Step is always to determine the primary authority that determine the primary authority that governs the subject matter.governs the subject matter.

PRIMARY AUTHORITYPRIMARY AUTHORITY

All three branches of government All three branches of government generate primary authoritygenerate primary authority

The statutes passed by The statutes passed by Congress;Congress;

The rules promulgated by the The rules promulgated by the Executive;Executive;

The decisions of the Supreme The decisions of the Supreme Court are primary authority.Court are primary authority.

The ConstitutionThe Constitution

The first and foremost source of The first and foremost source of primary authority is the Constitution. primary authority is the Constitution. It is the supreme law of the land.It is the supreme law of the land.

(The Organic Act for the Autonomous (The Organic Act for the Autonomous Region in the Muslim Mindanao is the Region in the Muslim Mindanao is the Primary Authority for the ARMM)Primary Authority for the ARMM)

TreatiesTreaties

When properly ratified When properly ratified and brought into force a and brought into force a treaty may not be treaty may not be infringed by domestic infringed by domestic legislation.legislation.

Statutes ProperStatutes Proper Acts No. 1 to Acts No 4275 (1900-1935)Acts No. 1 to Acts No 4275 (1900-1935) Commonwealth Acts No. 1 to Act 733 Commonwealth Acts No. 1 to Act 733

(1935-1946)(1935-1946) Republic Acts No. 1 to RA No. 6635 Republic Acts No. 1 to RA No. 6635

(1946-1972)(1946-1972) Presidential Decrees 1 to PD 2036 Presidential Decrees 1 to PD 2036

(1972-1986)(1972-1986) Batas Pambansa No. 1 to No 889 (1978-Batas Pambansa No. 1 to No 889 (1978-

1985)1985) Republic Act 6636 to RA10606(1987-Republic Act 6636 to RA10606(1987-

2013)2013)

Local LegislationLocal Legislation

Ordinances and laws, passed Ordinances and laws, passed by the ARMM Regional by the ARMM Regional Assembly, provinces, cities, Assembly, provinces, cities, municipalities and barangaysmunicipalities and barangays

Subordinate Subordinate LegislationLegislation

Letter of Instructions (Martial Law)Letter of Instructions (Martial Law) Letters of Implementations (Martial Letters of Implementations (Martial

Law)Law) Proclamation (Martial Law)Proclamation (Martial Law) Executive OrdersExecutive Orders Implementing Rules and Implementing Rules and

RegulationsRegulations

Congress and Supreme Court Congress and Supreme Court RulesRules

Rules of the House of Rules of the House of Representatives and the Representatives and the SenateSenate

Rules of Criminal ProcedureRules of Criminal Procedure Rules of Summary ProcedureRules of Summary Procedure Special Proceedings RulesSpecial Proceedings Rules

Judicial PrecedentsJudicial PrecedentsPhilippine ReportsPhilippine ReportsSupreme Court Reports Supreme Court Reports Annotated (SCRA) (1961-Annotated (SCRA) (1961-Present)Present)

Supreme Court Advance Supreme Court Advance Decisions (SCAD)Decisions (SCAD)

STEP 2. STEP 2. The next step is finding The next step is finding secondary authoritysecondary authority

SECONDARY AUTHORITYSECONDARY AUTHORITY

is anything other than is anything other than primary authority that could primary authority that could be used as basis when the be used as basis when the primary authority is unclear primary authority is unclear or unavailable. This includes:or unavailable. This includes:

Records of the Records of the Constitutional Commission, Constitutional Commission, Constitutional Convention, Constitutional Convention, Constituent AssemblyConstituent Assembly

Legislative History of a Legislative History of a StatuteStatute

Commentaries of legal Commentaries of legal experts as found in legal experts as found in legal books and journals of law books and journals of law schoolsschools

Case digestsCase digests EncyclopediasEncyclopedias DictionariesDictionaries

STEP 3.STEP 3. The third step is The third step is to find other research to find other research materials. These materials materials. These materials could be used to provide could be used to provide other information which other information which may have been may have been overlooked. These overlooked. These materials include:materials include:

Loose Leaf Pamphlets from Loose Leaf Pamphlets from Government Agencies; Government Agencies; Periodicals Periodicals

Major Studies from agencies, Major Studies from agencies, associations, public interest associations, public interest groups, unionsgroups, unions

Proposals from groups that have Proposals from groups that have interest in the subject.interest in the subject.

Constitutionality CheckConstitutionality CheckExisting Law CheckExisting Law Check Identical Bill CheckIdentical Bill CheckForeign Law CheckForeign Law CheckOther sourcesOther sources

THE CHECKLIST OF THE BILL THE CHECKLIST OF THE BILL DRAFTERDRAFTER

PARTS OF A BILLPARTS OF A BILL

The Explanatory NoteThe Explanatory Note

That part which serves to That part which serves to explain the intention of the explain the intention of the lawmaking body in presenting lawmaking body in presenting the bill and which announces the bill and which announces the purposes or objects of the the purposes or objects of the bill.bill.

G.R. NO. 169435,G.R. NO. 169435, February 27, 2008 February 27, 2008

MUNICIPALITY OF NUEVA ERA, ILOCOS NORTE, MUNICIPALITY OF NUEVA ERA, ILOCOS NORTE, represented by its Municipal Mayor, CAROLYN represented by its Municipal Mayor, CAROLYN

ARZADON-GARVIDA, petitioner, vs. ARZADON-GARVIDA, petitioner, vs. MUNICIPALITY OF MARCOS, ILOCOS NORTE, MUNICIPALITY OF MARCOS, ILOCOS NORTE, represented by its Municipal Mayor, SALVADOR represented by its Municipal Mayor, SALVADOR

PILLOS, and the HONORABLE COURT OF PILLOS, and the HONORABLE COURT OF APPEALS, respondentsAPPEALS, respondents

According to the decision of the According to the decision of the Supreme Court: (Supreme Court: (T) his conclusion on T) his conclusion on the intention of the legislature is the intention of the legislature is bolstered by the explanatory note of bolstered by the explanatory note of the bill which paved the way for the the bill which paved the way for the creation of Marcos. Said creation of Marcos. Said explanatory note mentioned only explanatory note mentioned only Dingras as the mother municipality Dingras as the mother municipality of Marcosof Marcos..

Where there is ambiguity in the statute, as in this Where there is ambiguity in the statute, as in this case, courts may resort to the explanatory note case, courts may resort to the explanatory note

to clarify the ambiguity and ascertain the to clarify the ambiguity and ascertain the purpose and intent of the statute.purpose and intent of the statute.

(Agapalo, Statutory Construction, 3(Agapalo, Statutory Construction, 3rdrd ed., 1995, ed., 1995, p. 73 citing Basiana v Luna, G.R. No. 34135, p. 73 citing Basiana v Luna, G.R. No. 34135,

February 24, 1981, 103 SCRA 49 [1981]; February 24, 1981, 103 SCRA 49 [1981]; Libares v. Exe. Secretary, G.R. No. 21505, Libares v. Exe. Secretary, G.R. No. 21505,

October 24, 1963, 9 SCRA 261 [1963]; People October 24, 1963, 9 SCRA 261 [1963]; People v. Olarte, 108 Phil. 756 [1960].)v. Olarte, 108 Phil. 756 [1960].)

The TitleThe Title

Announces the subject of a billAnnounces the subject of a bill The purpose is to apprise the The purpose is to apprise the

legislators of the purposes, nature legislators of the purposes, nature and scope of the lawand scope of the law

To prevent the enactment of matters To prevent the enactment of matters which have not received the notice, which have not received the notice, action and study of the legislators action and study of the legislators andand

The publicThe public

Not part of the lawNot part of the law Not the law but the name given to Not the law but the name given to the law by the makersthe law by the makers Does not create , repeal or put Does not create , repeal or put the Act into effectthe Act into effect An aid in the interpretation as to An aid in the interpretation as to the intent of legislatorsthe intent of legislators Must be made concise but broad enough to Must be made concise but broad enough to

indicate the scope of the billindicate the scope of the bill

The Enacting ClauseThe Enacting Clause

That part of the bill immediately That part of the bill immediately preceding the body of the proposed preceding the body of the proposed measure which secures uniformity on measure which secures uniformity on the style of the proposed law and the style of the proposed law and identifies the authority by which the identifies the authority by which the same in enacted. The form of enacting same in enacted. The form of enacting clause used by Congress is clause used by Congress is “Be it “Be it enacted by the Senate and the House enacted by the Senate and the House of Representatives of the Philippines in of Representatives of the Philippines in Congress Assembled”Congress Assembled”

The Body of the BillThe Body of the Bill

The principal The principal portion of the bill portion of the bill containing the containing the proposed law itself.proposed law itself.

Questions when drafting the body Questions when drafting the body of a billof a bill

What will the law do?What will the law do? Who will do it? Must an office be Who will do it? Must an office be

created to perform it?created to perform it? How will it be done? How will it be done? Is there a period or time within which Is there a period or time within which

to perform the law?to perform the law? Liabilities of persons, Penalties, Fines?Liabilities of persons, Penalties, Fines? Appropriations, sources of money, Appropriations, sources of money,

fund?fund?

The Effectivity ClauseThe Effectivity Clause

That portion which That portion which provides for the time provides for the time when the proposed law when the proposed law once approved shall take once approved shall take effect.effect.

New Civil Code of the New Civil Code of the PhilippinesPhilippines

““Art. 2.Art. 2. Laws shall take effect after Laws shall take effect after fifteen days following the completion fifteen days following the completion of their publication in the Official of their publication in the Official Gazette, unless it is otherwise Gazette, unless it is otherwise provided. “provided. “

“ “ This Code shall take effect one year This Code shall take effect one year after its publication.”after its publication.”

JurisprudenceJurisprudence Tañada V. Tuvera, 136 SCRA 27 (April 25, Tañada V. Tuvera, 136 SCRA 27 (April 25,

1985); Id., Motion for Reconsideration) 146 1985); Id., Motion for Reconsideration) 146 SCRA 446 (December 29, 1986)SCRA 446 (December 29, 1986)

In the case of Tañada v. Tuvera, the Supreme In the case of Tañada v. Tuvera, the Supreme

Court had the occasion to interpret the Court had the occasion to interpret the phrase “unless otherwise provided” found in phrase “unless otherwise provided” found in Article 2 of the Civil Code. The Court Article 2 of the Civil Code. The Court debunked the argument that publication is debunked the argument that publication is not necessary when the laws (decrees) not necessary when the laws (decrees) themselves declare that they are to become themselves declare that they are to become effective immediately upon their approval.effective immediately upon their approval.

Executive Order No. 292 Executive Order No. 292 (July 25, 1987)(July 25, 1987)

““Sec. 18. When Laws Take Effect. – Sec. 18. When Laws Take Effect. – Laws shall take effect after fifteen Laws shall take effect after fifteen (15) days following the completion (15) days following the completion of their publication in the Official of their publication in the Official Gazette or in a newspaper of Gazette or in a newspaper of general circulation, unless it is general circulation, unless it is otherwise provided.”otherwise provided.”

TOPICTOPIC ::

ANCESTRAL DOMAIN AND MINING ANCESTRAL DOMAIN AND MINING

CLAIMSCLAIMS

II. CONSTITUTIONAL PROVISION:II. CONSTITUTIONAL PROVISION:

Sec.12, Art. XII (National Economy Sec.12, Art. XII (National Economy and Patrimony) (1987 and Patrimony) (1987 Constitution)Constitution)

III.III. LAWS:LAWS: R.A. 8371R.A. 8371 – AN ACT TO RECOGNIZE, – AN ACT TO RECOGNIZE,

PROTECT AND PROMOTE THE RIGHTS OF PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL INDIGENOUS CULTURAL COMMUNITIES/INDIGENOUS PEOPLES, COMMUNITIES/INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON CREATING A NATIONAL COMMISSION ON INDIGENEOUS PEOPLES, ESTABLISHING INDIGENEOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFORE, AND APPROPRIATING FUNDS THEREFORE, AND FOR OTHER PURPOSESFOR OTHER PURPOSES

R.A. 7942R.A. 7942 – AN ACT INSTITU – AN ACT INSTITU TING A NEW SYSTEM OF TING A NEW SYSTEM OF MINERAL RESOURCES MINERAL RESOURCES EXPLORATION, EXPLORATION, DEVELOPMENT, UTILIZATION DEVELOPMENT, UTILIZATION AND CONSERVATIONAND CONSERVATION

JURISPRUDENCEJURISPRUDENCE

ISAGANI CRUZ V. SECRETARY ISAGANI CRUZ V. SECRETARY OF ENVIRONMENT AND OF ENVIRONMENT AND NATURAL RESOURCES, ETAL. NATURAL RESOURCES, ETAL. G.R. NO. 135385, G.R. NO. 135385, DECEMBER 6, 2000DECEMBER 6, 2000

HOW TO HOW TO AMEND A LAWAMEND A LAW

Ramseyer Rule (1929) Ramseyer Rule (1929) US CongressUS Congress

Is a legislative drafting rule which Is a legislative drafting rule which provides that whenever a committee provides that whenever a committee

reports a bill or joint resolution reports a bill or joint resolution repealing or amending any statute or repealing or amending any statute or part thereof to be repealed, as well part thereof to be repealed, as well as a comparative print showing the as a comparative print showing the

proposed omissions and insertions by proposed omissions and insertions by striken-through type and italics, striken-through type and italics,

parallel columns, or other appropriate parallel columns, or other appropriate typographical devices.typographical devices.

PURPOSEPURPOSE

The purpose of the The purpose of the Ramseyer rule is to Ramseyer rule is to

inform Members of any inform Members of any changes in existing law changes in existing law

to occur through to occur through proposed legislation. proposed legislation.

In Congress, all proposed In Congress, all proposed amendatory bills comply with amendatory bills comply with the rule by enclosing in the rule by enclosing in brackets all words, phrases, brackets all words, phrases, numbers and punctuation numbers and punctuation marks sought to be deleted marks sought to be deleted and printing in all capital and printing in all capital letters those intended to be letters those intended to be added or inserted.added or inserted.

The object is to be fairly The object is to be fairly apprise the legislators of apprise the legislators of the changes proposed to the changes proposed to be made on existing laws, be made on existing laws,

thereby affording them thereby affording them more exhaustive and more exhaustive and

intelligent deliberations on intelligent deliberations on bills under consideration.bills under consideration.

Sample of an Sample of an Amendatory BillAmendatory Bill

‘‘AN ACT PROVIDING FOR STIFFER FINES AN ACT PROVIDING FOR STIFFER FINES AND PENALTIES FOR THE ILLEGAL AND PENALTIES FOR THE ILLEGAL DISPOSAL OF WASTE MATERIALS, DISPOSAL OF WASTE MATERIALS,

AMENDING FOR THE PURPOSE REPUBLIC AMENDING FOR THE PURPOSE REPUBLIC ACT 9003 KNOWN AS THE ACT 9003 KNOWN AS THE “ECOLOGICAL “ECOLOGICAL

SOLID WASTE MANAGEMENT ACT OF SOLID WASTE MANAGEMENT ACT OF 2000”2000”

Section 1. Section 49 of Republic Section 1. Section 49 of Republic Act 9003, is hereby amended to Act 9003, is hereby amended to

read as follows:read as follows:““Sec.49. Sec.49. Fines and PenaltiesFines and Penalties. – (a) Any person . – (a) Any person who violates Sec. 48 paragraph (1) shall, upon who violates Sec. 48 paragraph (1) shall, upon conviction, be punished with a fine of not less conviction, be punished with a fine of not less the [Three] the [Three] FIVE FIVE hundred pesos [(P300.00)] hundred pesos [(P300.00)] (P500.00) (P500.00) but not more than One Thousand but not more than One Thousand FIVE HUNDREDFIVE HUNDRED Pesos [(P1,000.00)] Pesos [(P1,000.00)] (P1,500.00) (P1,500.00) or render community service for or render community service for not less than [one] not less than [one] FIFTEENFIFTEEN [(1)] [(1)] (15) (15) daydayS S to to not more thannot more than [fifteen] [fifteen] THIRTYTHIRTY [(15)] [(15)] (30)(30) days to LGU where such prohibited acts are days to LGU where such prohibited acts are committed, or both;…..committed, or both;…..

THANK YOU THANK YOU AND GOD AND GOD BLESS!BLESS!