Talk:List of Philippine laws

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[edit] Naming/scope of this page, inclusion criteria, xreffing, etc.

The page says: "This is a list of Republic Acts that have been mentioned in Wikipedia". Why just Republic Acts? That restriction seems to me not to be useful. Why just RAs which are mentioned elsewhere in Wikipedia? It seems to me that mention elsewhere in Wikipedia is not a good criteria for choosing what to include here, though references to the page(s) mentioning the item would probably be useful if that xref info is available or easily obtainable.

Much of importance and interest is embodied in other instruments (there are CAs, RAs, BPs, PDs, EOs, PPs, and probably a hundred other sorts of pronouncements with varying levels of legal effect). The Immigration Act, for example, is Commonwealth Act No. 613, and has been amended by R.A. 118, R.A. 135, R.A. 144, R.A. 503, R.A. 749, R.A. 827, R.A. 1901, R.A. 4376, R.A. 5171, R.A. 5701, P.D. 524, and perhaps by other instruments. The Philippine Family Code, for another example, is embodied in Executive Order 209 which apparently, and apparently during a brief period of vast executive authority, superseded Title III of Republic Act No. 386 (the Civil code of the Philippines).

I don't think that this Wiki page is very useful in its present form, but think something along this general line would be useful even though I cannot easily come up with sweeping concrete suggestions about changes. AFAICT, RP laws have lots of contradictions between one another and are horribly unorganized.

Barring serious objection, I will probably revise the inclusion criteria requoted above and will begin adding mention of various instruments (not just RAs) to those currently mentioned here. As I do so, I will probably add external links to places where the full text of the acts can be read (probably mostly on www.lawphil.net and www.chanrobles.com).

Comments? Suggestions? Objections? -- Boracay Bill 05:00, 28 August 2006 (UTC)

[edit] Numbering

Based on the numbering, it appears here are three kinds of RA acts, pre commonwealth, commonwealth and post commonwealth. Is this the case or is it simply that pre commonwealth and commonwealth acts were given new numbers? If it is the case that there are 3 kinds, how are these usually referred to? E.g. how is RA1876 of the pre commonwealth era distunguished from RA1876 of the post commonwealth era?60.234.141.76 12:36, 24 August 2005 (UTC)

• Well, Philippine laws were really called "Republic Acts" from 1946-1972 and from 1986-now. Before independence, they were merely just called "acts". During the Marcos era, they were called "Batas Pambansa" (national law). Before independence, the law would be numbered as Act followed by the number (for example Act 3346). A Batas Pambansa would be succeeded by a number (for example Batas Pambansa 134). An RA would simply be RA followed by the number (for example RA 9337). Since the title is really a reference to the modern RA, the name on the table was kept for convenience, but I will modify the titles to make sure that they are not all RAs. --Akira123323 14:46, 8 September 2005 (UTC)

The numberings of the Republic Acts (not PD, EO, or BP) are consistent. Therefore the numberings of Presidential Decree (started with 1) is not in connection with the numberings in the Republic Acts last used before the Martial Law in 1972. (Republic Act 6635 was passed in 1972, while the next republic act, RA 6636, was passed in 1987). In my opinion, indeed there are different numberings: pre-commonwealth, commonwealth, republic (except 1972 to 1986), PD, and Batasang Pambansa (last 2 were in Marcos era) -Frj1947 17:05, 11 February 2007 (UTC)

From what I have seen, and contrary to the nomenclature described in this article, legislative instruments exist which are are designated as Act, Batas Republika(??), Batas Pambansa Bilang, Commonwealth Act, and Republic Act (perhaps Act and Batas Republika are two alternative designations for the same group of instruments (??)). Executive instruments exist which are designated as Executive Order, Memorandum Order, Administrative Order, Memorandum Circular, General Order, Special Order, Presidential Proclamation, and Presidential Decree; some of these are defined in chapter two of the Administrative Code of 1987 (EO292) (some provisions of EO292, incidentally, appear to to be inconsistent with the 1987 RP constitution). Numbering of executive instruments appears to be inconsistent, with the same designation and number having been used for different executive issuances (examples here and here). Also, there is some interworking between the aforementioned items, such as parts of RA386 having been superseded by EO209 and with EO209 then having been amended by EO227(1987) and further amended by RA8533. -- Boracay Bill 01:22, 12 February 2007 (UTC); modified by Boracay Bill 05:26, 12 February 2007 (UTC)

Hope this helps. Only Congress has the power to make laws (which can be defined simply as the creation of legal rights and the imposition of legal obligations). The executive instruments defined in the Administrative Code are not laws, but in a loose sense, instructions by the President to the members of the executive department on how to implement the law. For while Congress has the duty to make laws, it is the President with the duty to execute the laws of Congress. I'm not certain about the particulars in the numbering of Executive orders and other such executive instruments, but I think that the number is reset to 1 at the start of each calendar year. Thus, when these executive orders are cited in legal pleadings, it is necessary to cite the year it was issued, otherwise the reader or judge would be at a loss as to which executive order is being referred to.

However, when Marcos declared martial law, closed Congress, and imposed his 1973 Constitution, he took upon himself the power of Congress to make laws. The most common form he would use in making his laws was through Presidential Decrees. From 1972 to 1978, all laws came from Marcos alone. The Batasang Pambansa (which replaced Congress) was convened in 1978, with the traditional power to create laws (known from 1978 until 1986 as Batas Pambansa Blg. ___) However, even with the Batasang Pambansa, Marcos chose to retain the power to make laws by decree. So, from 1978 until 1986, there was this unusual situation where both the Batasang Pambansa and Marcos had the power to make laws. Since during that time Marcos allies controlled the B.P., there was hardly any conflict.

Then, when Cory Aquino was installed in 1986, she closed the Batasang Pambansa and also opted to retain the Marcos power to create laws herself until the time Congress was convened again in 1987. Because the term "Presidential Decrees" had fallen in such disrepute during the Marcos era, Aquino chose to make laws through "Executive Orders" during the year and a half she had such power. The two most famous laws created by Aquino through Executive Orders were the Family Code of 1987 (E.O. 209) and the Administrative Code of 1987 (E.O. 292). These two Codes should have been enacted by Congress, rather than the President, and many feel they were rushed in order that there would be no need for congressional approval. However, since Congress reconvened in 1987, the President no longer has the power to make laws, and the Executive Orders issued are limited to implementing the laws of Congress. Similarly, only Congress, and not the President, has the power to amend those "executive orders" or "presidential decrees" which are in fact laws. That is why The Family Code (E.O. 209) was amended by a subsequent Republic Act, for example. Its quite confusing, but thankfully not too many laws are affected by this discrepancy.

As to the nomenclatures in the article, it is wrong to designate those laws enacted before 1946 as Republic Acts, since the Republic of the Philippines did exist yet during that time. Pre-Commonwealth laws were known as Public Acts (or simply, Acts), while laws passed during the Commonwealth government were Commonwealth Acts. It is also wrong to call the Marcos-era laws as Republic Acts, as they were either known as Batas Pambansa Blg. (for laws passed by Congress) or Presidential Decrees (for laws passed by Marcos). I also understand that the criteria for citing the particular laws in the article is based on their reference within Wikipedia. While that may be a valid criteria, it might leave the impression that these were the most important laws passed by our Congresses when in fact many of them are relatively innocuous in nature. --Anyo Niminus 16:19, 12 February 2007 (UTC)

Thanks for that info, some of which I had figured out for myself and some of which was new to me. I would have thought that the 1987 Constitution, which provides that it takes effect immediately on ratification (2 Feb 1987 according to jlp-law.com), would have immediately terminated any authority that President Aquino had to rule by decree in favor of constitutionally mandated legislative processes. I see, though, that EO209 is dated 6 July 1987 and EO292 is dated 25 July 1987. Perhaps I fail to understand because I am not legally trained.

Regarding this page, it seems to me from the foregoing and from looking at the History of the Philippines page that this page would benefit from a reorganization into sections along the following lines, with each section having an explanatory intro and with each section referring to the laws therein by the appropriate designations:

• Pre-Spanish era, pre-1521, is there any legal carryover to the present?
• Spanish rule era, 1521-1898, is there any legal carryover to the present?
• American Colonial era, 1898-1933, laws are designated "Act"
• Commonwealth era, 1933-1935, laws are designated "Commonwealth Act"
• Pre WW-II 1935 RP Constitution era, 1935-1941, laws are designated "Republic Act"
• Japanese Occupation and 1943 RP Constitution era, 1941-1944, is there any legal carryover to the present?
• Post WW-II 1935 RP Constitution era, 1944-1972, laws are designated "Republic Act"
• Martial Law and 1973 RP Constitution era, 1972-1986, laws are designated "Batas Pambansa", "Presidential Decree", and "Presidential Proclamation"
• Post-revolution and 1986 RP Constitution era, 1986-1987, laws are designated "Executive Order"
• 1987 RP Constitution era, 1987 to present, laws are designated "Republic Act"

I hope that is somewhere close to being correct. I have divided the sections above partly according to the dates of the various constitutions rather than on the Nth Republic divisions made on the Philippine History page, which divisions don't match the dates of the various constitutions. Perhaps there is a better way to do this.

Considering the several designations for Philippine laws, I think that this page should be moved to something like "List of Philippine laws". Also, the article intro should probably make it clear that the list it contains is not comprehensive. -- Boracay Bill 07:44, 13 February 2007 (UTC)

I agree with these divisions, and that "List of Philippine laws" is a more accurate designation. No Pre-Spanish era or Spanish era laws remain in effect today, and I can't think of a Japanese-era law that also remains in effect. If I'm not mistaken though, the Commonwealth government was in rule from 1935 to 1941, and that the laws during those six years are the ones called "Commonwealth Act". It was only in 1946 that the laws came to be titled "Republic Act".

While the 1987 Constitution took effect beginning 2 February 1987, Section 6, Article XVIII (Transitory Provisions) allowed Aquino to "continue to exercise legislative powers until the first Congress is convened." Transitory Provisions It was on 27 July 1987 that the "first" Congress (actually the 8th Congress) was convened. --Anyo Niminus 11:12, 13 February 2007 (UTC)

I have done a draft revision, which is currently located here. Unless there is objection, I intend in a day or two to move the present Republic Acts of the Philippines page to List of Philippine laws, leaving behind a redirection link to that page, and then to replace the contents of the new page with my draft page. In the meantime, please look over my draft. Feel free to change anything which needs changing. -- Boracay Bill 06:34, 14 February 2007 (UTC)

I have moved the page and revised its content per the discussion above. -- Boracay Bill 00:02, 17 February 2007 (UTC)

[edit] Act # 1

Anyone know what the first ever act? --Howard the Duck 07:21, 11 September 2007 (UTC)

That info is probably in this book. Online, I found this. -- Boracay Bill 02:39, 12 September 2007 (UTC)

Republic Act No. 1 (the first ever law passed by the independent Congress)... anyone think this should be included? --Howard the Duck 11:43, 31 January 2008 (UTC)

Rep. Act No. 1 itself is very unremarkable, just a temporary spending measure until the 1946 budget was approved. For me, the fact that it was the first law passed by Congress post-independence is interesting only as trivia. In considering the first ever law, the Philippine legal system recognizes until today even those unrepealed laws passed during the American era as having equal weight with those passed by the post-1946 Congress. These would include laws enacted by the Philippine Commission prior to 1907. One such law, The Land Registration Act (Act No. 496, circa 1902), is still very relevant today as it still governs the system of land registration in the Philippines.

What I'd be more interested in is what is the oldest law still in effect today, and The Land Registration Act may well be it. At least one Spanish era law, the Spanish Civil Code remained in effect in the Philippines until 1950. --Anyo Niminus (talk) 13:43, 31 January 2008 (UTC)