Phil legislative process

Philippine Legal System
Government Structure
Three (3) branches of the government:
EXECUTIVE
LEGISLATIVE
JUDICIARY

The Executive Branch
headed by the President
enforces the laws.

The Legislative Branch (known as Congress)
makes the laws.
It is composed of:
a. the House of Representatives
not to exceed 250 representatives
(unless otherwise provided by law)
b.the Senate
24 senators who are elected at large

The Judicial Branch (judiciary)
interprets the laws
through the Supreme Court and
the lower courts established by Congress.

Hierarchy of Laws
1) Constitution
fundamental law of the land
2) Republic Acts
enacted by Congress
3) Ordinances
passed by the local government units

Court Decisions

handed down by the Supreme Court, the
highest court of the land

have also the force and effect of law.
Courts in general use them as guides in deciding similar cases
called “stare decisis.” Those handed down by lower courts
do not have this effect.

The Executive Branch, through its regulatory
agencies and departments, also issues rules
that have the force and effect of law.
Strictly, these are not laws but IMPLEMENTING
RULES OR ADMINISTRATIVE REGULATIONS
since they merely implement laws enacted by
Congress.

During the martial law rule
(President Ferdinand Marcos)
− Presidential Decrees
− Batas Pambansa
Presidential Decrees and Batas Pambansa that
have not been revoked are still in effect.

In 1986, when martial law ended
- Executive Orders were issued by then
President Corazon Aquino
Elections for Senators and Congressmen were held.
With Congress back in place, the following legislative
processes have been followed.

PHILIPPINE LEGISLATIVE PROCEDURES
Most legislative proposals are drafted in
the form of bills.
These include budgetary appropriation of
the government.
When passed by both chambers in identical
form and signed by the President or
repassed by Congress over a presidential
veto, they become laws.

A bill may originate from the Senate or the
House of Representatives.
However, under the Constitution, “ all
appropriation, revenue or tariff bills, bills
authorizing increase of the public ebt, bill of
local application, and private bills shall
originate exclusively in the House of
Representative, but the Senate may propose or
concur with amendments” (Sec. 14, 1987
Constitution)

Procedures followed
by Congress
in passing a bill

1. After a bill is prepared, it is filed with
the Office of the Secretary of the Senate
or the House, as the case may be,
where it is given its corresponding
number and calendared for FIRST
READING;

2. During the First Reading, its title, bill
number and author’s name are read on
the floor; after which it is referred to the
proper committee;

3. The Committee conducts hearings and
consultation meetings. During this
period, the committee may either (a)
approve the bill without amendment (b)
approve it with changes, or (c)
recommend a substitute bill or consolidate
the bill with similar bills that are filed;

4. The Committee Report with its approved
bill is prepared and submitted to the
Committee on Rules to be calendared for
the SECOND READING;

5. During the SECOND READING, the author of the
bill delivers his sponsorship speech on the floor
where members of the Senate or the House, as the
case may be, engages in debate, interpellation and
rebuttal to highlight the pros and cons of the bill.
Thereafter, a period of amendment is allowed to
incorporate necessary changes to the bill proposed
by the committee or by the members. The members
then vote on the second reading version of the bill. If
approved, the bill is calendared for THIRD
READING;

6. On the Third Reading, printed copies of the bill’s
final version are distributed to the members. This
time, only the title of the bill is read on the floor.
Nominal voting is held. If passed, the approved bill
is referred to the House or the Senate, as the case
may be, for concurrence;

7. The Senate or the House where the approved bill is
referred follows the same procedure by conducting
First, Second and Third Readings on the bill.

8. Thereafter, should it be necessary, a CONFERENCE
COMMITTEE is constituted composed of members
from each House of Congress to settle, reconcile or
thresh out differences or disagreements on any
provision of the bill. The Committee members may
introduce new provisions germane to the subject matter
or report out an entirely new bill on the subject. The
Committee then prepares its report to be signed by all
the members and the Chairman. The Conference
Committee Report is then submitted for
consideration/approval of both Houses. No amendment
is allowed.

9. Copies of the bill, signed by the Senate
President and Speaker of the House of
Representative, certified by Secretaries of
both Houses, are transmitted to the
President.

10. The President may:
a. Approve the bill by signing it. The bill is then
assigned a Republic Act (RA) number and
transmitted to the House where it originated;
b. Veto the bill, in which case the President
sends a message citing the reason for the veto
and transmits the bill to the House where it
originated.

11. The approved bill is reproduced and
copies are sent to the Official Gazette
Office for publication and distribution to
the implementing agencies;

12. For the vetoed bill, the message of the
President is included in the Order of
Business. If Congress decides to override
the veto, the House and the Senate shall
proceed separately to reconsider the bill
or the vetoed items of the bill. If the bill or
the vetoes item/s is passed by a vote of
two-thirds of the members of each House,
such bill shall become a law.

Phil legislative process

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