Definition of Terms

Republic Act is a piece of legislation used to create policy in order to carry out the principles of the Constitution. It is crafted and passed by the Congress of the Philippines and approved by the President of the Philippines. It can only be repealed by similar act of Congress. Republic act is always followed by an “Implementing Rules and Regulation” or “IRR” to execute the act.

Presidential decrees were an innovation made President Ferdinand E. Marcos with the proclamation of Martial Law. They serve to arrogate unto the Chief Executive the lawmaking powers of Congress. Only President Marcos issued Presidential Decrees. In the Freedom Constitution of 1986, President Corazon C. Aquino recognized the validity of existing Presidential Decrees unless otherwise repealed.

Administrative Order is an issuance by any agency under the executive branch of the government to an individual or an institution to take certain corrective action or to refrain from an activity that is not inconsistent with the constitution or with court rules. Prior to 2005, Administrative Orders has serial number followed by a year when it was issued (Example: Administrative Order No. 9 series 1995). In 2005, Administrative Orders issued by Department of Health are serialized based on the year it was issued followed by the serial number of the order (Example: Administrative Order No. 2005 – 0002)

Memorandum Circulars

These are 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 office of the Government, for information or compliance.

Memorandum Orders

These are acts of the President on matters of administrative detail or of subordinate to temporary interest which only concerns a particular officer or office of the Government.

Repealing clause

Repeal means the removal or reversal of law. A clause is a particular disposition which makes a part of a treaty or of an act of the legislature.

A partial repeal occurs when a specified part or provision of a previous Act is repealed but other provisions remain in force.

A full repeal occurs where the entire Act in question is repealed.

Separability clause

It refers to a provision in a contract or legislature which states that if parts of the contract or legislature are held to be illegal or otherwise unenforceable, the remainder of the contract or legislation should still apply.