Laws
Generic Sense: the whole body or system of law
Jural and concrete sense: a rule of conduct formulated
and made obligatory by legitimate power of the state.
Includes:
 Legislature
 presldentlal decrees
 executivé orders lsgued by the PreSIdent
 presidential lssuance
 rulings of the Supreme Court
 rules and regulations promulgated by
administrative
 ordinances passed by sanggunians of localgovernment units
Statutes - A statute is an .act of the leg1slature as an
organized body, expressed in, the form, and passed
according to the procedure, required to constitute it as
part of the law of the land.
PUBLIC STATUTES:
 General
o one which applies to the whole state
o operates throughout the state alike
upon all the people or all of a class
o Embraces a class of subjects or places
o Does not omit any subject or place
naturally belonging to such class.
 Special
o A special law IS one which relates to
particular persons or
o to a particular community, individual or
thing
 Local laws
o one whose operation is confined to a
specific place or locality.
o A municipal ordmance IS an example of
a local law
PERMANENT and TEMPORARY STATUTES
Statutes enacted by the leglslature:
 Philippine Commission
 Laws passed by Philippine Legislature
 Batasang Pambansa, and
 the Congress of the Philippines
Other statutes with the same binding effect:
 PRESIDENTIAL DECREES issued by the President
the exercise of his legislative power during the
period of martial law under the 1973
Coristitution
 EXECUTIVE ORDERS issued by the President in
the exercise of his legislative power during the
revolutionary period under the Freedom
Constitution.
STATUES can be PUBLIC or PRIVATE
PUBLIC STATUTES: one which affects the public at large
or. the whole community
PRIVATE STATUES: one which applies only to a specific
person or subject
But whether a statute is public or private depends on
substance rather than on form
Permanent Statute
 one Whose operation is not limited in duration
but Continues until- repealed
 It does not terminate by the lapse of a- fixed
period Or' by the occurrence” of an event
 disuse nor custom or practice to the contrary
operates to render it ineffective or inoperative
Temporary Statute
 whose duration is for a limited period of time
fixed in the statute itself
 whose life ceases upon the happening of an
event.
 Where a Statute provides that it shall inforce
for a definite period, it terminates at the end of
such period.
 Where a statute is designed to meet an
emergency, it ends upon the cessation of such
emergency
Other classes of statutes.
By Application:
 statutes may be prospective or retroactive.
 Art 4 of Civil code and Art 22 of RPC
(exemption)
By Operation:
 Declaratory
 Curative
 mandatory,
 directory,
 substantive,
 remedial, and
 penal
By Form
 affirmative
 negative
MANNER of Referring to a statute
 ACTS - Enactments from 1900-1935
 Commonwealth Acts - from 1935-1945
 Presidential Decrees - from 1972-1985
 Batas Pambansa. –from 1979-1985
 Republic Acts - from 1946-1972, 1987
During Martial Law, both President Marcos and
the Batasang Pambansa (Parliament) were issuing laws
at the same time.
Presidential Decrees by President Marcos and Batas
Pambansa by the Philippine Parliament
Apart from its “serial number, a statute may also be
referred to by its title.
As a new President is sworn in, all the Presidential
issuances start with No. 1. The only exception was
Executive Orders issued by President Carlos Garcia after
he assumed the Presidency because President
Magsaysay died in a plane crash.
He continued the number started by President
Magsaysay. When President Garcia was elected
President, he started his Executive Order No. 1
ENACTMENT' OF STATUTES
Hence, the study of statutory construction should begin
with how a bill is enacted into law.
Section 1 of Article VI of the Constitution
“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 a the provision on initiative
and referendum”.

The grant of legislative power to Congress is
broad, general and comprehensive.
 The legislative body possesses plenary power
for all purposes of civil government
 Legislative power embraces all subjects and
extends to matters of general concern or
common interest
House of Representatives
 expected to be more sensitive to the local
needs and problems,
 initiative for filing revenue, tariff, or tax bills,
bills authorizing an increase of the public debt,
private bills and bills of local application must
come from the House of Representatives.
House of Senators
 are expected to approach the same problem
from the national perspective
Self-executing provisions
A rule by itself is directly and indirectly applicable
without need of statutory implementation.
Non-self-executing provisions
One that remains dormant unless it is activated by
legislative implementation.
 Statements of general principles (such as those
in Art. II of the Constitution) are usually not selfexecuting
Procedural requirements in enacting a law
'no bill 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 the Members
three days before its passage
Legislative power of Congress
Congress-provides in detail the procedure by which a
bill may be enacted into law
The detailed procedure is embodied in the Rules .of
both Houses of Congress promulgated pursuant to the
constitutional mandate empowering it to determine its
rules of proceedings.
The procedure for the enactment of ordinary bills
applies to the enactment of appropriations and revenue
measures.
However, they can only originate from the- lower
House, but the Senate may propose or concur with
amendments.
The legislature may enact laws which are substantive
and procedural
Legislative procedures; steps in the passage of bill into
law


Must be introduced by a member or members of
Congress
It is signed by its author(s) and filed with the
Secretary of the House
FIRST and SECOND READING
 The Secretary reports the bill for first reading.
o reading the number and titlé- of the bill
o referral to the appr0priate Commit-tee for
study and recommendation
o The Committee may hold- public hearings
o submit(s) its report and recommendation for
Calendar for second reading
 Second Reading
o
bill shall be read 1n full with the amendments
proposed by the Committee.
o the bill will be subject to debates, pertinent
motions, and amendments.
o After the amendments shall have been acted
upon, the bill will be voted on second reading
o A- bill approved on second reading shall be
included 1n the Calendar .of bills for third
reading
o On third reading, the bill as approved on
second reading will be submitted for final vote
by yarns and nays.
THIRD Reading
o A bill 13 approved by either Honse afier it has
gone three (3) readings
TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
SENATE ACTION TO THE APPROVED BILL
CONFERENCE COMMITTEE reports
It is the mechanism for compromising differences
between the Senate and 'the House m the passage of a
bill into law (Tolentino v. Secretary of Finance )
 The bill approved on third reading by one House
-is transmit to the other House for concurrence
 If the other House approves the bill without
amendment, the bill is passed by Congress and
the same will be transmitted to the President
 If there is no agreement with the amendments,
differences will be settled by the Conference
Committees of both Chambers
TRANSMITTAL OF THE BILL TO THE PRESIDENT
 The lawmaking process in Congress ends when
the bill is approved by the body.
 It is the signing by the Speaker and the Senate
President of the printed copy of the approved
bill
 certified by the respective secretaries of the
both Houses
o to signify to the President that the bill
being presented to him has been duly
approved by the legislature and it is
ready for his approval or rejection
PRESIDENT’S APPROVAL OR VETO
 If he approves the same, he shall sign it;
otherwise,

1. The Congress may not increase the
appropriations recommended by the President
for the operation of the gov’t as specified in the
budget. The form, content, and manner of
preparation of the budget shall be prescribed
by law.
 Under the Constitution, the spending power
known as the “power of the purse” belongs to
Congress, subject only to the veto power of the
President.
 The President may propose the budget, but- the
final say on the matter of appropriations is
lodged in Congress
 -It can he as detailed and as broad as Congress
wants it to be
He shall veto it and return the same with his
objections to the House where it originated
In other words, a bill passed by Congress becomes a law
in either of three ways, namely:
(1) When the President signs- it;
(2) When the President does not sign nor communicate
his veto of the bill within thirty days after his receipt
thereof; and
(3) When the vetoed bill is repassed by Congress by
two-thirds vote --of all its Members, each House voting
separately.
Is partial Veto allowed? YES
PARTS OF STATUTES
RESTRICTIONS
Tolentino v. Secretary of Finance - 249 SCRA 635
The initiative for filing revenue, tariff, or tax bills, bills
authorizing an increase of the public-debt, private bills
and bills of local application must come from the House
of Representatives.
Lower House / House of Representatives
 A bill originating in the house may undergo such
extensive changes in the Senate
Upper House / House of Senate
 Senate can propose its own version even with
respect to matters which are required to originate
in the House.
 Senate, with its power to propose or Concur with
amendments, that the result may be a re-writing of
the Whole
 Power to “concur with amendments” and “propose
amendments” may result in the writing of a distinct
bill substantially different from that which
originated from the lower House.
RESTRICTIONS IN PASSAGE OF BUDGET OR REVENUE—
BILLS
Restrictions are based on Section 25 of Artlcle VI
2. Each provision must relate specifically to particular
appropriation.
 This restriction precludes the Congress from
including in the appropriations bill What is
known as “inappropriate provisions
 Any provision therein which is intended to
amend another law is considered an
inappropriate provision.”
 Provisions that amends or repeal other laws.
These kinds of laws has no place in the
appropriation bill.
3.
4.
5.
6.
7.
8.
Procedure m approving appropriations
Special appropnatlon Bill. to' spec1fy purpose
Restriction on transfer of appr0priation; exception
Discretionary funds requirements
Automatlc re-enactment of budget
President’s _veto power. Hé either has to
disapprove the whole item or not at all
a. item in a bill - the details, the distinct and
several parts of the bill
b. item in an appropriation bill - specific
appropriation of money
9. No public funds to be spent except by law –
 Congress can authorize the expenditure of
public funds by the passage of a law to that
effect
10. No public money or property for. religiouspurposes.
11. Money for special purpose. - tax levied for a special
purpose shall be_ treated as a special fund
12. Highest budgetary priority to education, directory
RULES AND RECORDS OF LEGISLATIVE PROCEEDINGS
Article VI Sec. 16 (3) Each House may determine the
rules of its proceedings, x x x



Each House shall keep a Journal of its proceedings,
from time to time publish the same
Each House shall also keep a Record of its
proceedings
ENROLLED BILL
AFTER RATIFICATION OF BOTH HOUSES AND
APPROVAL WAS GIVEN TO BE SENT TO THE
PRESIDENT..
Shall become a law after 30 days upon the receipt by
the President
In case of conflict between the enrolled bill and the
legislative journals, it is the former that should prevails



The bill as passed by Congress,
Authenticated by the Speaker and Senate Resident
and
Approved by the president is known as the enrolled
bill.
Principle of an enrolled Bill
 The text of the act as passed and approved is
deemed 1mportmg absolute verity and is binding
on the courts.
Enrolled Bill Rule:
 As the President has no authority to approve a bill
not passed by Congress, an enrolled Act in the
custody of the Secretary of State
 Having the official attestations of the Speaker of the
House of Representatives, of the President of the
Senate, and of the President of the United States
Carries, on its face, a solemn assurance xxx that it was
passed-by Congress.
The judicial department to act upon that assurance, and
to accept, as having passed Congress all bills
authenticated in the manner stated; leaving the court to
determine when the question properly arises, whether
the Act, so authenticated, is in conformity with the
Constitution
Enrolled bill doctrine
 House and the Senate President and the
certification of the Secretaries Of both Houses of
Congress that it was passed are conclusive of its due
enactment
 Hence, if there has been any mistake in the printing
of the bill before it was certified by the officer of
the assembly and approved by the chief executive,
the remedy is by amendment by enacting a curative
legislation, not by judicial decree.
 The legislative journals and the enrolled bill are
both conclusive upon the courts.
WITHDRAWAL OF AUTHENTICITY, EFFECT OF
The Speaker and the President of the Senate may
withdraw their respective signatures from the signed
bill where 'there is serious and substantial discrepancy
Such withdrawal renders the bill without attestation
and nullifies its status as an enrolled bill.
In Such a case, the bill' is no longer accorded absolute
verity sis regards its text and the entries in the journal
should be consulted
The court can declare that the bill has not been duly
enacted and did not accordingly become a law if the
journal discloses that substantial amendments were
introduced and approved but were not incorporated in
the printed text presented to the President
SUMMARY OF RULES.
Arroyo v De Venecia
First: Deny to the courts the power to inquire into
allegations that, in enacting a law, a House of Congress
failed to comply with its own rules, in the absence of
showing that there was a violation of a constitutional
provision or the rights 'of private individual
Second: Courts cannot declare an act of the legislature
void on account merely of noncompliance with rules of
procedure made by itself,
Third: No rule of the House of Representatives has been
cited which specifically requires that in case such as this
involving approval of a conference committee report,
the Chair must restate the motion and conduct a viva
voce o nominal voting
ISSUANCES, RULES AND ORDINANCES
Presidential issuances
 Executive orders - “acts of the President
providing for rules of a general or permanent in
character in the implementation or execution of
constitutional or statutory powers”

administrative orders - relate to particular
aspects of governmental operations in
pursuance of his duties as administrative head

proclamations - acts of the President fixing a
date or declaring a statute or condition of
public moment or interest, upon the existence
of which the operation of a specific law or
regulation is made to depend


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
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.

General or special orders - acts and commands
of the President in his capacity as Commanderin- Chief of the Armed Forces. of the Philippines
Ople v. Torres (Administrative Order No. 308- entitled
“Adoption of a National Computerized Identification) defines the scope of the ordinance power of the
President
Note:
The legislative body possesses plenary power. for all
purposes of civil- government legislative power
embraces all subjects and- extends to matters of
general concern or éommon interest
The executive power is vested in the President. It is
generally defined as the power to enforce and
adminiter the laws. He has control over the executive
department, bureaus and offices. the President also has
the duty of supervising: the enforcement of laws for the
maintenance of general .peace and public order Thus,
he is granted administrative power over bureaus and
offices under ' his control to enable him“ to discharge
his duties effectively
Administrative power is concerned with the work of
applying policies and enforcing orders as determined by
proper . govemmental organs. To this end, he can issue
administrative orders, rules and- regulations.
Presciding from these precepts; We hold that A.0. No.
308 involves a subject that is not appropriiate to be
covered by an administrative order.
“Sec. 3. Administrative Orders. -- Acts of the President
which relate to particular aspects of governmental
operation in pursuance of his duties as- administrative
head shall be promulgated 1n administrative orders. ”
Under A.0. No. 308, a citizen cannot transact business
with government ' agencies delivering basic; services to
the people. Without the contemplated identification
Card. Facially it violates the right to privacy.
In cases of discrepancy or conflict between the basic
law and the regulations issued to implement it, the
former prevails.
ADMINISTRATIVE RULES. AND REGULATIONS
For it is elementary principle in statutory Construction
that a statute is superior to an administrative regulation
and the former cannot be repealed or amended by the
latter.
Rules and regulations issued by administrative or
executive officers in accordance with, and as authorized
by, law have the force and effect of law or partake the
nature of a statute.
Administrative rules and regulations are intended to
carry out, neither to supplant nor to modify, the law.
Being merely an implementing rule, the same must not
override, but instead remain consistent and in harmony
with the law it seeks to apply and implement.
It may not make rules and regulations which are
inconsistent with the provisions of the Constitution or a
statute.
Administrative authorities should not act arbitrarily and
capriciously: in the issuance of rules and regulations.
The promulgation of administrative issuances requires
previous notice and hearing.
Exception: The legislature itself requires it and
mandates that the regulation shall be based on
certain facts as determined at an appropriate
investigation
Requirement for validity:
 rules should be germane to the objects and
purposes of the law;
 Regulations be not in contradiction with, but
conform to, the standards that the law .
prescribes; and
 They be for the sole purpose of carrying into
effect the general provisions of the law
By such regulations, the law itself cannot be extended,
nor its terms and provisions restricted.
The rule-making power of a public administrative
agency is a delegated legislative power.
Legislature may delegate to another branch of
Government the power to fill in the details in the
execution, enforcement or administration of law.
Essentials of Administrative laws:
(a) be complete in itself — It must set forth therein the
policy to be executed, carried. out or implemented by
the delegate, and
(b) fix a standard — the limits of which are sufficiently
determinate or determinable — to which the delegate
must conform in the performance of his functions
The executive or administrative officer designated may,
in pursuance of the guidelines, promulgate the the rules
and regulations.
Adequate standards are required:
 simplicity and dignity
 public interest
 public welfare
 interest of law- and order
 justice and equity and substantial merit of the
case
 adequate and efficient instruction
To be valid, an administrative Issuance, such as an
executive order, must comply with the following
requisites:
(1) Its promulgation must be authorized by the
legislature;
(2) It must be promulgated in accordance with the
prescribed procedure; . . .
(3), It must be within the scope of the authority
given by the legislature; and
(4) It must be reasonable. and fairly adapted to
secure the end in view.
Delegation of legislative powers to the President is
permitted in Section 28(2) of Article VI of the
Constitution.
1. The Tariff and Customs. Code - President may cause
a gradual reduction of protection levels granted in
Section 104
2. Executive Order No.226 - OIC empowers the
President to approve or reject the prohibition on
the importation of any equipment or raw materials
or finished products
Administrative rule and interpretation distinguished
When an administrative agency promulgates rules and
regulations, it “makes” a new law with the. force and effect of a valid law.
While when it renders an opinion or gives a statement
of policy, it merely interprets a pre- existing law.
The rules promulgated pursuant to law are binding on
the Courts, even if they are not In agreement with the
policy stated therein or with its innate Wisdom
Administrative interpretation of the law Is at best
merely advisory, for it Is' the courts that finally
determine what the law means


Administrative construction is not necessarily
binding upon the courts
Action of an administrative agency may be
disturbed or set aside by the judicial
department if:
o There is an error of law,
o abuse of power
o lack of Jurisdiction
o grave abuse of discretion clearly
conflicting with either the letter or spirit
of a legislative enactmen
o
SUPREME COURT RULE MAKING POWER.
The rule-making power of the Supreme Court as
provided in Sec. 5(5), Article VIII of the Constitution is
complemented by Sec. 30, Article VI of- the Constitution
Promulgate rules concerning:
 Protection and enforcement of constitutional
rights
 Pleading, practice, and procedure in all court
 admission to the practice of law
 the Integrated Bar
 legal assistance to the underprivileged
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, modify
substantive rights
Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the
Supreme Court.
The rule-making power of the Supreme Court includes
power to repeal procedural laws.
The legislature may enact laws which are substantive
and procedural, but the Supreme Court, in the exercise
of its rule- making power, does not have the power to
promulgate rules which are substantive in nature.
Test of rule prescribed by Supreme Court
 If it takes away vested right, it is not procedural.
 If the 'rule creates right such as the right to
appeal, it is substantive
 if it operates as a means of implementing an
existing right then the rule deals merely with
procedure
The test is whether the rule really regulates procedure,
that is, the judicial process for enforcing rights and
duties recognized by substantive law and justly
administering remedy and redress for a disregard or
infraction of them.
LEGISLATIVE POWER OF LOCAL GOVERNMENT UNITS.
Refers to the power of local legislative bodies to enact
ordinances, consisting of barangay ordinance,
municipal, ordinance, city ordinance, and provincial
ordinance.
To be valid, such ordinances require that their passage
be in accordance with prescribed procedure and that
they meet the substantive requisites for their validity
General Requisite:
 It must not only be with the corporate powers
of the city or municipality to enact.
 Must also be passed according to the procedure
prescribed by law
 It must be in accordance with certain wellestablished basic principles of a substantive
nature
Principles of an ordinance/ Test of validity
1. must not. contravene the Constitution or any
statute
2. must not be unfair or oppressive;
3. must not be partial or discriminatory
4. must not prohibit but may regulate trade;
5. must be general and consistent with public
policy
6. must not be unreasonable
Barangay ordinance
 It may pass an ordinance affecting a barangay'
by majority vote of all its members
 A barangay ordinance is subject to review by
the sangguniang bayan or sangguniang
panlungsod
o The same shall take action on the
ordinance within thirty days from
submission
o If it does not take action within said
period shall be' deemed approved
o If inconsistent to the law, it will be
returned for amendments or revisions
and effectivity is suspended.
Municipal ordinance
The power to enact municipal ordinance is lodged with
the sangguniang bayan.

The affirmative vote of a majority of the
members of the sangguniang bayan present and
voting, there being a quorum, shall be
necessary for the passage of any ordinance.
1. The ordinance is then submitted to the
municipal mayor who within ten days
from receipt thereof shall return it
either with his approval or veto
2. If he does not return it within that time
it shall be deemed approved.
 sangguniang bayan by; twothirds vote of all members,
override the veto of the mayor,
in which case it shall become
effective for all legal intents and
purposes.
3. The approved ordinance IS then
submitted to the sangguniang
panlalawigan for review.
 The same may, within thirty
days from" receipt of the
ordinance invalidate- it in.
whole or in part, "and its action
shall be final
 If no action on the ordinance
within thirty days after its
submission, it shall be
presumed consistent with law
and therefore valid.
City ordnance
The power to pass city ordinance ls vested m the
sangguniang panlungsod
Provincial ordinance.
The sangguniang banlalawigan, as the legislative body
of a province
1. The ordinance is then forwarded to the
governor who within fifteen days from receipt
thereof shall return it with his approval or veto
2. If he does not return it within that time is it
shall be deemed approved
VALIDITY OF STATUTE
Presumption of constitutionality
 Every statute ls presumed valid
 To declare a. law unconstitutional, the:
repugnancy of the law to the Constitution must
be clear and unequivocal
 To strike down a law, there must be a clear
showing that what the fundamental law
condemns or prohibits; the statute allows it to
be done
Nullification of a law
 There must be a clear and unequivocal breach
of the Constitution
 Conflict with the Constitution is clear beyond a
reasonable doubt
The. final authority to declare a law unconstitutional is
the Supreme Court en banc by:
 The concurrence of a majority of the Members
who actually took part in the deliberations on
the issues in the case and voted thereon.”
Requisites for exercise of Judicial power:
(1) The existence of an appropriate case;
(2) An interest personal and substantial by the party
raising the constitutional question;
(3) The plea that the function be exercised at the
earliest Opportunity; and
(4) The necessity that the constitutional question be
passed upon in order to decide the case
Concept of judicial review
 The Judicial power shall be vested in one
Supreme Court and in such lower courts as may
be established by law.
 Judicial power includes the duty of the courts of
justice to Settle actual controversies minvolving
rights which are legally demandable and
enforceable, and
 To determine whether or not there has been a
grave abuse of discretion amounting to lack Or
excess of Jurisdiction on the part of any branch
or instrumentality of the Government
Standing to sue
A citizen acquires standing only if:
 He can establish that he has suffered some
actual or threatened injury as a result of the
allegedly illegal conduct of government;
 the injury is fairly traceable to the challenged
action
 the injury is likely to be redressed by a favorable
action
A taxpayer is deemed to have the standing to raise a
constitutional issue when
 it is established that public funds have been
disbursed m alleged contravention of the law or
the Constitution
The rule is that the person who questions the validity of
a statute must show that he has sustained, or is in
immediate danger of sustaining, some direct injury as a
result of its enforcement.
Element of dispute
 Concrete injury whether actual or threatened
A taxpayers’ suit will not be entertained where the
statute being challenged does not involve the
expenditure of public funds.
SUMMARY OF ESSENTIAL REQUISITES JUDICIAL
REVIEW
Standing
 Personal and substantial interest in the case
such that the party has sustained or will sustain
direct injury as a result of the governmental act.
that is being challenged
Ripeness and Prematurity
 it is a prerequisite that something. had by then
been accomplished ‘ 'or performed by ' either
branch before a court may come‘ into the
picture
 Only‘ then may the courts pass on the validity
of what was done, if and when the latter is
challenged-man appropriate legal proceeding
Justiciability
Determination of a truly political question from a nonjustifiable political question
 whether there are constitutionality imposed
limits on powers or
 functions conferred upon political bodies.
If the statute is vague it is repugnant in two respects:
 it violates due process for failure to accord the
people fair notice of what conduct to avoid; and
 it leaves law enforcers unbridled discretion in
carrying out its provisions and becomes an
arbitrary flexing of the government
If there are, then our courts are duty-bound to examine
whether the branch or instrumentality of the
government properly acted within such limits
Effects of unconstitutionality
Lis Mota
An issue assailing the constitutionality of a
governmental act should be avoided whenever possible.
Test of constitutionality
The test of constitutionality of a statute is What the
Constitution provides in relation to What Can or may be
done under the statute; and not by what it has been
done under it
Declaring a Statute unconstitutional
 A statute may be declared unconstitutional
because it is not Within the legislative power to
enact
 It creates or establishes methods or forms that
infringe constitutional principles
 Its purpose or effect violates the Constitution or
its basic principles
The court may strike down a law as unconstitutional
when
 It allows something to be done which the
fundamental law condemns or prohibits.
 when it attempts to validate a course of
conduct the effect of which the Constitution
specifically forbids
A statute may also be declared unconstitutional
because it is vague.
 it lacks comprehensible standards that men of
common intelligence; must necessarily guess at
its meaning and differ in its application.
Thé general rule is that an unconstitutional act is
 not a law;
 it confers no rights;
 it imposes no duties;
 it affords no protection;
 creates no office;
 it is, in legal contemplation, inoperative as
though it had never been passed
Prior to the declaration of nullity:
 the challenged statute must have been in force
and
 had to be complied with,
until the court in an appropriate case declares its
invalidity
TWO views in declaring a law unconstitutional
ORTHODOX view: ,an unconstitutional act-isnot a 'law;
it confers no right; :it- irhposes no. duties; .it aflords no
protection; it? creates my office? it is; in legal
contemplation, inoperative; :as If it had
notlbeen'pa’ssedy
Modern view: the court in passing upon the question of
constitutionality does not annul or repeal the statute if
it finds it in conflict with the Constitution
declared Unconstitutional is pressumed valid until its
declaration of nullity