Professional Documents
Culture Documents
and in certain form such that it becomes the law governing conduct within its scope. Statutes are enacted
to prescribe conduct, define crimes, create inferior governmental bodies, appropriate public funds, and in
general promote the public good and welfare.
I. Parts of a Statute
Title
Title -- The title of the statute is the heading on the preliminary part, furnishing the name by which the act
is individually known.
Example: Philippine Medical Technology Act of 1969
Preamble
Preamble -- That part of the statute explaining the reasons for its enactment and the objects sought to be
accomplished.
Enacting clause
Enacting Clause -- That part of the statute which declares its enactment and serves to identify it is an act
of legislation proceeding from the proper legislative authority.
Example: "Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled."
Body
Body -- The main and operative part of the statute containing its substantive and even procedural
provisions. Provisos and exemptions may also be found in the body of the statute.
Repealing clause
Repealing Clause -- That part of the statute which announces the prior statutes or specific provisions
which have been abrogated by reason of the new law.
Example: SECTION 13. Repealing Clause - All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified
accordingly. (From REPUBLIC ACT NO. 9048)
Separability clause
Separability Clause -- That part of the statute which provides that in the event that one or more provisions
are declared void or unconstitutional, the remaining provisions shall still be in force and effect
Example: SECTION 12. Separability Clause. - If any portion or provision of this Act is declared void or
unconstitutional, the remaining portions or provisions thereof shall not be affected by such declaration.
(From REPUBLIC ACT NO. 9048)
Effectivity clause
Effectivity Clause -- That part of the Statute which announces the effectivity date of the law.
Example: SECTION 14. Effectivity Clause. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation. (From REPUBLIC ACT NO.
9048)
2.No
bill
passed
by
either
House
shall
become
law
unless
it
has
passedthree
readings
on
separate
days,
and
printed
copies
thereof
in
its
finalform
have
been
distributed
to
each
member
three
days
before
itspassage.3.Every
bill
passed
by
the
Congress
shall,
before
it
becomes
a
law,
bepresented
to
the
President.
The
executive
approval
and
veto
power
of
the
President
is
the
third
important
constitutional
requirement
in
themechanical
passage
of
a
bill.
PARTS
OF
STATUTE
a.
Title
the
heading
on
the
preliminary
part,
furnishing
the
name
by
which
the
act
is
individually
known.
It
is
usually
prefixed
to
thestatute
in
the
brief
summary
of
its
contents.
b.
Preamble
part
of
statute
explaining
the
reasons
for
its
enactmentand
the
objects
sought
to
be
accomplished.
Usually,
it
starts
withwhereas.
c.
Enacting
clause
part
of
statute
which
declares
its
enactment
andserves
to
identify
it
as
an
act
of
legislation
proceeding
from
the
properlegislative
authority.
Be
enacted
is
the
usual
formula
used
to
startthis
clause.
d.
Body
the
main
and
operative
part
of
the
statute
containing
itssubstantive
and
even
procedural
provisions.
Provisos
and
exceptionsmay
also
be
found.
e.
Repealing
Clause
-
announces
the
prior
statutes
or
specificprovisions
which
have
been
abrogated
by
reason
of
the
enactment
of
the
new
law.
f.
Saving
Clause
restriction
in
a
repealing
act,
which
is
intended
tosave
rights,
pending
proceedings,
penalties,
etc.
from
the
annihilation
which
would
result
from
an
unrestricted
repeal.
g.
Separability
Clause
provides
that
in
the
event
that
one
or
moreprovisions
or
unconstitutional,
the
remaining
provisions
shall
still
bein
force.
h.
Effectivity
Clause
announces
the
effective
date
of
the
law.