Philippine Lawmaking: A Summary Of The Process

The process of a bill becoming a law in the Philippines involves multiple steps and the participation of both the Senate and the House of Representatives. The bill is initially drafted by a legislator and filed in their respective chamber, where it undergoes three readings and committee consideration. If approved, it moves to the other chamber for a similar process. In cases where differences arise between the two versions, a bicameral conference committee is formed to reconcile them. The final bill is then presented to the President, who can sign it into law or veto it. However, Congress has the power to override a presidential veto with a two-thirds majority vote in both houses.

Drafting and filing

The legislative process begins with the drafting and filing of a bill. This is done by a legislator, who is a member of either the Senate or the House of Representatives. The legislator files the bill in the chamber they are a member of.

The bill is then prepared and drafted by the legislator or the Bill Drafting Division of the Reference and Research Bureau. It is then filed with the Bills and Index Service, where it is numbered and reproduced.

Three days after its filing, the bill is included in the Order of Business for its First Reading. During this first reading, the title and number of the bill are read, and the bill is referred to the appropriate committee(s) for study and recommendation.

The committee evaluates the bill, conducts public hearings, makes recommendations, and transmits the bill to the Plenary Session for appropriate action. The committee may also decide to schedule public hearings, where resource persons from the public and private sectors, the academe, and experts on the proposed legislation are invited to provide input.

Based on the results of the public hearings or committee discussions, the committee may introduce amendments, consolidate bills on the same subject matter, or propose a substitute bill. The committee then prepares a report, which is approved and transmitted to the Plenary Affairs Bureau.

The bill then undergoes its Second Reading, during which the number, title, and text of the bill are read. This is followed by a period of sponsorship and debate, a period of amendments, and finally, a period of voting.

The bill will then undergo its Third Reading, after which its disposition becomes categorical. If the bill is approved by a majority vote, it is transmitted to the other chamber for concurrence. If it is disapproved, it is transmitted to the Archives.

Three readings

The three readings must be done on separate days. Printed copies of the bill in its final form should be distributed to the Members of the house three days before its passage. However, the requirements of printing and reading on separate days are not necessary when the President certifies the urgency of the bill's enactment to address a public calamity or emergency.

During the first reading, the number and title of the bill are read. The bill is then sent to the proper Committee for study and recommendation. The Committee evaluates the bill, conducts public hearings, makes recommendations, and transmits the same to Plenary Session for appropriate action. The Committee may introduce amendments, consolidate bills on the same subject matter, or propose a substitute bill. It then prepares the corresponding committee report.

In the second reading, the bill is read in full, with any amendments proposed by the Committee. The bill is then subject to debates and further amendments. After any amendments, the bill is voted upon. If approved, it goes to the third reading, where it is voted on again.

After the three readings in the first house, the bill is transmitted to the Second House, where the same process of three readings is followed. If the Second House introduces amendments, the bill is sent back to the First House. If the First House agrees to the amendments, the bill is authenticated and transmitted to the President. If not, the differences are settled by the Conference Committees of both houses.

Committee consideration

Once a bill has been introduced and given a number, it is read and referred to the appropriate committee. The Senate President is responsible for referring bills to the appropriate committees. The jurisdictions of the Standing Committees are outlined in Rule X, Section 13 of the Rules of the Senate. For example, if a bill concerns agriculture, food production or agri-business, it must be referred to the Committee on Agriculture and Food.

The Standing Committees of the Senate operate as 'little legislatures' and have a huge influence on the fate of most proposals. Committee members and staff are often experts in the subjects under their jurisdiction, and it is at this stage that a bill comes under the sharpest scrutiny. If a bill is to be substantially revised, this usually occurs at the committee level.

A committee may dispose of a bill in several ways. It may approve or reject the legislation with or without amendments, rewrite the bill entirely, or reject it, which essentially kills the bill. A committee may also report a bill favourably or without recommendation, which allows the chamber to consider the bill. Under Section 29, Rule XI of the Rules of the Senate, if the reports submitted are unfavourable, they are sent to the archives unless five Senators request their inclusion in the Calendar for Ordinary Business.

A committee report describes the purpose and scope of the bill, explains any committee amendments, and indicates proposed changes to existing laws. Reports are numbered in the order in which they are filed and printed.

Presidential approval

Once a bill has been approved by both the Senate and the House of Representatives, it is sent to the President for approval. The President has three options: they can sign the bill, making it a law; they can take no action on the bill within 30 days of receiving it, in which case it becomes law as if they had signed it; or they can veto it.

If the President chooses to veto the bill, they must return it to the first house (the house where the bill originated) within 30 days, along with their objections. The bill is then reconsidered by the first house, and if two-thirds of the members agree to pass it, it is sent to the second house, along with the President's objections. If two-thirds of the members of the second house also agree to pass the bill, it becomes law without requiring the President's signature.

Publication and distribution

Once a bill has been approved by both houses of Congress, it is sent to the president for approval or veto. If the bill is approved, it is assigned a Republic Act (RA) number and sent back to the house where it originated. The approved bill is then reproduced, and copies are sent to the Official Gazette Office for publication and distribution to the implementing agencies. It is then included in the annual compilation of Acts and Resolutions.

If the bill is vetoed by the president, it is sent back to Congress with a message citing the reason for the veto. The bill or its vetoed items is then reconsidered by both the House and the Senate. If the bill or its vetoed items is passed by a vote of two-thirds of the members of each house, it becomes a law.

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