Process of Passing Laws in the Philippines

The process of making or passing laws in the Philippines is provided in the Constitution.

I. Congress of the Philippines

Who has the power to make, amend, and repeal laws?

The Congress of the Philippines has the power to make, amend, and repeal laws. This is provided in Sec. 1, Art. VI of the 1987 Constitution:

Section 1. 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 the provision on initiative and referendum.

Who can introduce bills?

Both the House of Representatives and the Senate can introduce bills for enactment. However, only the House of Representatives can introduce bills regarding appropriation, revenue, or tariff bills, increase of public debt, bills of location application and private bills, which is provided in Sec. 24, Art. VI of the 1987 Constitution:

Section 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills of local application, and private bills, shall originate exclusively in the House of Representatives, but the Senate may propose or concur with amendments.

Journal of the Houses

The Journal of the House of Representatives and the Senate is the record of its proceedings in enacting laws, as provided in Sec. 16, Art. VI of the 1987 Constitution

(4) Each House shall keep a Journal of its proceedings, and from time to time publish the same, excepting such parts as may, in its judgment, affect national security; and the yeas and nays on any question shall, at the request of one-fifth of the Members present, be entered in the Journal. Each House shall also keep a Record of its proceedings.

As stated in Arroyo v. De Venecia (1997), the contents of the journal is conclusive in so far as to the matters required by the Constitution. In addition:

"[The] Constitution [does not] require that the yeas and the nays of the Members be taken every time a House has to vote, except only in the following instances: upon the last and third readings of a bill, [Sec. 26(2), Art. VI] at the request of one-fifth of the Members present, and in repassing a bill over the veto of the President [Sec. 27(1) Art. VI]."

II. Process of bill passage

Constitutional Provisions regarding enactment of bills

Sec. 26 (2) of the 1987 Constitution provides for the constitutionally-mandated procedure for passing laws:

Section 26. (2) No bill passed by either House 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 its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

After such process in the Congress, the bill shall be transmitted to the President for his signature, as provided in Sec. 27 of the 1987 Constitution:

Section 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it.

(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does not object.

1. Drafting of the Bill

A member of the House of Representatives or Senate shall first draft the bill to be proposed for enactment in either house. The authors will sign the bill and filled with the Secretary of the House.

2. First Reading

The Secretary of either house reports the bill to their respective house. The First reading involves only reading the number, title, and author of the bill.

3. Bill Referral to the appropriate Committee

House of Representatives

The Speaker of the House shall then refer the bill to the appropriate committee which is jurisdiction over the subject matter. (Sec. 44 of the House Rules of the House of Representatives) The committee may then recommend amendments, if necessary.

The list of committees may be found in Sec. 28 of the Rules of House of Representatives.

Senate

The bill is read for transmittal to the appropriate Committee (Sec. 65 of the Rules of the Senate).

The list of committees in the Senate are enumerated in Sec. 13 of the Rules of the Senate.

3. Second Reading

The bill shall be read in full including the amendments of the appropriate committee, unless copies have been distributed to the members.

This consists of the provisions of the bill being subject for debate and motions. After the amendments have been acted upon, the House shall vote on the bill. An approved bill will be then calendared for Third Reading.

The provision is stated in Sec. 53 of the Rules of the House of Representatives and Sec. 65 of the Rules of the Senate.

4. Third Reading

No amendment shall be made and a vote shall be taken immediately for the Third Reading of the Bill as provided in Sec. 26 (2), Article VI of the 1987 Constitution.

The result of the vote shall be entered into the Journal.

5. Referral to the other House

An approved bill originating from either the House of Representatives or the Senate shall be then transmitted to the other house for its concurrence. The referred bill shall then also go through the three (3) readings.

6. Conference Committee or Bicameral Committee

A Conference Committee shall be formed if there are differences or conflicting amendments between the House of Representative and Senate versions.

The specifics rules of the Conference Committee is provided in Sec. 63 of the Rules of the House of Representatives and Secs. 35 and 36 of the Rules of the Senate.

7. Authentication of Bills

House of Representatives

The Speaker of the House orders the enrollment of the approved bills within three (3) days after the approval of both Houses.

The specific rules are provided in Sec. 64 of the Rules of House of Representatives.

Senate

The Senate President has the duty to sign all measures as provided in Sec. 3 of the Rules of the Senate.

8. President’s Action of approval or veto

Every bill passed by Congress is presented to the President for his approval or veto, as provided in Sec. 27, Art. VI of the 1987 Constitution.

The specific rules are provided in Sec. 65 and 66 of the Rules of the House of Representatives and Sec. 134 of the Rules of the Senate.

If approved, the bill becomes a law.

If vetoed, the President shall return the bill to the originating house and shall enter the objections at large in its Journal. The originating house shall then reconsider the bill. If upon 2/3 of all members of the originating house agree to pass the bill, it shall then be sent together with the objections to the other house and reconsideration. A 2/3 vote of all members of the other house are required for the vetoed bill to become a law.

III. Other rules in the law making process

A bill must have passed three (3) readings on separate days

The reading of the bill shall be made on three (3) separate days. In addition, printed copies of the final form shall be distributed to the members three (3) days before its passage.

However, three (3) readings on separate days may not be followed if the President certifies a bill as urgent. (Tolentino v. Secretary of Finance, G.R. 115455, 25 August 1994)

Should Conference Committee Reports undergo three (3) readings in each houses?

No, a Conference Committee Report is not required to undergo three (3) readings in each house of congress. Sec. 26 (2), Art. VI of the 1987 Constitution only refers to the initial filing of the bills. (Tolentino v. Secretary of Finance, G.R. 115455, 25 August 1994)

Can members of the Senate file a bill in anticipation of the receipt of the House Bill?

Yes, the Senate may file a bill prior to the receipt or in anticipation of a House Bill, as stated in Tolentino v. Secretary of Finance (1994).

Case Law: Tolentino v. Secretary of Finance (1994)

The petitioners asserted that R.A. No. 7716 is unconstitutional as the bill which enacted the law did not exclusively originate from the House of Representatives; R.A. No. 7716 is a revenue law which amends provisions of the National Internal Revenue Code and was a consolidation of H. No. 11197 and S. No. 1630.

The following is a time table for the bill that was passed into law:

DateEvent
22 July 1992 -
31 August 1993
Several bills were introduced in the House of Representatives for the amended on the National Internal Revenue Code
1 March 1993Senate Bill No. 1129 was filed
23 November 1993House Bill No. 11197 was received by the Senate
7 February 1994Senate Committee submitted its report recommending approval of Senate Bill No. 1630 which was "in substitution of Senate Bill. No. 11291129, taking into consideration P. S. Res. No. 734 and H. B. No. 11197."
8 February 1994Senate began consideration of S. No. 1630
24 March 1994Senate approved on 2nd reading S. No. 1630 and then approved the bill for third reading.
April 13, 19, 21 and 25, 1994"H. No. 1197 and its Senate version (S. No. 1630) were then referred to
a conference committee"

The Conference committee then "recommended that "House Bill No. 11197, in consolidation with Senate Bill No. 1630, be approved in accordance with the attached copy of the bill as reconciled and approved by the conferees.""
27 April 1994The House of Representatives approved the Conference Committee bill
2 May 1994The Senate approved the Conference Committee Bill
5 May 1994President of the Philippines signed the bill into law which was R.A. No. 7716

The important dates to consider here are 23 November 1993 when House Bill No. 11197 was filed and 1 March 1993. when Senate Bill No. 1129 was filed.

However, the court ruled that the "Constitution [does not] prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the House, so long as action by the Senate as a body is withheld pending receipt of the House bill."

In addition, a bill exclusively originating from the House of Representatives (such as tariff as provided in Sec. 24, Art. VI of the 1987 Constitution) may be substantially changed. To provide otherwise is in violation of the powers of the Senate to "propose or concur with amendments".

As a result, the court upheld the validity of the law.

Can the courts declare a law as void for not following the procedural rules of Congress?

No, "the courts cannot declare an act of the legislature void on account of noncompliance with rules of procedure". (Arroyo v. De Venecia, 1997)

What is the Enrolled Bill Doctrine?

A bill is authenticated by the signature of the Speaker of the House and the Senate President, and a certification by the respective secretaries of the houses that it was passed on a given date.

The Enrolled Bill Doctrine states an authenticated copy is the final version of the bill which was duly enacted by Congress. The courts are not at liberty to review if the law has been validly enacted in respect to Separation of Powers.

What if there is a conflict between the Enrolled Bill and the Journal?

If there is a conflict between the Enrolled Bill and the Journal, the journal will prevail. The process of enrolling a bill or its authentication is not constitutionally mandated. However, the Journal is constitutionally mandated.

As stated in Astorga v. Villegas (1974) in which the Senate President withdrew his signature, it was found that the signed bill by the President does not contain the amendments approved and deliberated upon by Congress. As a result, the law was deemed void.

IV. Presidential Certification

Can the President certify as bill as urgent?

Yes, the President may certify a bill as urgent in order to meet a public calamity or emergency, as granted by Sec. 26 (2), Article Vi of the 1987 Constitution:

Section 26. (2) No bill passed by either House 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 its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.

What is the effect when a bill is certified by the President as urgent?

If a bill has been certified as urgent, the following conditions required a bill to be passed is dispensed with:

  1. The bill has passed three readings on separate days
  2. Printed copies of the bill in its final form have been distributed to its Members three days before its passage

In other words, the bill may undergo the three (3) readings on the same day and distribution of the final form of the bill to the members is no longer required.

Related Case Law:

  • Tolentino v. Secretary of Finance, G.R. 115455, 25 August 1994

V. Limitations on Law Making

A bill should only have one Subject

The bills passed by Congress shall only have one subject, as provided in Sec. 26, Art. VI of the 1987 Constitution:

Section 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

Appellate jurisdiction of the Supreme Court

Congress is not allowed to increase the appellate jurisdiction of the Supreme Court as provided in Sec. 30, Art. VI of the 1987 Constitution:

Section 30. No law shall be passed increasing the appellate jurisdiction of the Supreme Court as provided in this Constitution without its advice and concurrence.

Title of Royalty or Nobility

Congress is prohibited from granting a title of royalty or nobility, as provided in Sec. 31, Art. VI of the 1987 Consitution:

Section 31. No law granting a title of royalty or nobility shall be enacted.

Irrepealable Laws

Congress is prohibited from enacted irrepealable laws, as provided in City of Davao V. RTC (2005).

VI. Frequently Questions Asked

Is a House Bill an enforceable law?

No, it does not have force and effect of a law.

Is a Senate Bill an enforceable law?

No, it does not have force and effect of a law.

VII. Bibliography

The following are the references used chronologically arranged:

  • Arroyo v. De Venecia, G.R. No. 127255. 14 August 1997
  • Tolentino v. Secretary of Finance, G.R. 115455, 25 August 1994
  • City of Davao, G.R. No. 127383, 18 August 2005
  • Rules of the Senate, July 2020
  • Rules of the House of Representatives (18th Congress)
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