Philippine Constitution: Bills To Laws Explained

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 legislative power is vested in the Congress of the Philippines, which consists of these two houses. The bill must pass through three readings and committee consideration in each chamber, with the possibility of amendments, before being sent to the President for approval or veto. If approved, it becomes a law; if vetoed, Congress can override the veto with a two-thirds majority vote in both houses. This multi-step process ensures that the laws passed are in line with the spirit of the Philippine Constitution.

Drafting and introduction

A bill is a proposed legislative measure introduced by a member or members of Congress for enactment into law. It is drafted by a legislator and filed in the chamber they are a member of. There is no limit to the number of bills a member may introduce.

The bill is then filed with the Bills and Index Service, where it is numbered and reproduced. Three days after its filing, it is included in the Order of Business for its First Reading.

During the First Reading, the Secretary-General reads the title and number of the bill. The Speaker then refers the bill to the appropriate Committee/s. The appropriate Committee evaluates the bill, conducts public hearings, makes recommendations, and transmits the same to the Plenary Session for appropriate action.

If the Committee finds it necessary to conduct public hearings, it schedules the time, issues public notices, and invites resource persons from the public and private sectors, the academe, and experts on the proposed legislation. If the Committee finds that a public hearing is not needed, it schedules the bill for Committee discussions.

Based on the result of the public hearings or Committee discussions, the Committee may introduce amendments, consolidate bills on the same subject matter, or propose a substitute bill. It then prepares the corresponding committee report. The Committee approves the Committee Report and formally transmits it to the Plenary Affairs Bureau for its Second Reading.

Committee referral and hearings

After the first reading of a bill, it is referred to the appropriate committee by the Speaker. The committee evaluates the bill, conducts public hearings, makes recommendations, and transmits the same to the Plenary Session for appropriate action. The committee determines the necessity of conducting public hearings. If the committee finds it necessary, it schedules the time, issues public notices, and invites resource persons from the public and private sectors, the academe, and experts on the proposed legislation. If the committee finds that a public hearing is not needed, it schedules the bill for committee discussions.

Based on the result of the public hearings or committee discussions, the committee may introduce amendments, consolidate bills on the same subject matter, or propose a substitute bill. It then prepares the corresponding committee report. The committee approves the committee report and formally transmits the same to the Plenary Affairs Bureau.

The committee report is registered and numbered before being included in the Order of Business and referred to the Committee on Rules. The Committee on Rules schedules the bill for consideration on the second reading.

The committee chairman or any designated committee member sponsors the bill. If a debate ensues, turns for and against the bill shall be taken alternately. The sponsor of the bill or author of the motion shall have the right to close the debate. With the debate closed, the consideration of amendments, if any, shall be in order. After the period of amendments, the bill is voted on.

If the bill is approved, it is calendared for 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 other chamber for concurrence.

Voting by the full chamber

After the bill passes the second reading, it is voted on by the full chamber. Senators engage in debate, interpellation, turno en contra, and rebuttal to highlight the pros and cons of the bill. A period of amendments incorporates necessary changes in the bill proposed by the committee or introduced by the Senators themselves on the floor.

If the bill is approved after the second reading, it goes to the third reading. In the third reading, the bill is again voted upon. Printed copies of the bill's final version are distributed to the Senators. This time, only the title of the bill is read on the floor. Nominal voting is held. If passed, the approved Senate bill is referred to the House of Representatives for concurrence.

The Lower Chamber follows the same procedures (First Reading, Second Reading, and Third Reading). If the House-approved version is compatible with that of the Senate, the final version's enrolled form is printed. If there are differences, a Bicameral Conference Committee is called to reconcile conflicting provisions of both versions of the Senate and the House of Representatives.

The Conference Committee submits a report on the reconciled version of the bill, duly approved by both chambers. The Senate prints the reconciled version in its enrolled form.

Referral to the other chamber

Once a bill has been approved by the first chamber, it is sent to the other chamber to undergo the same process. If the second chamber approves the bill, it is authenticated and transmitted to the President. However, if the second chamber introduces amendments, the bill is sent back to the first chamber. If the first chamber agrees to the amendments, the bill is authenticated and transmitted to the President. If the first chamber does not agree to the amendments, the differences are settled by the Conference Committees of both chambers.

The Conference Committee will provide a report or recommendation, which is then approved by both houses. The new version is then authenticated and transmitted to the President. Authentication means the signing of the printed copy of the approved bill by the Speaker of the House of Representatives and the Senate President, certified by the respective secretaries of both houses.

The President has three options: he can sign the bill, making it a law; he can choose not to act on the bill within 30 days of receiving it, in which case it becomes a law as if he had signed it; or he can veto the bill. If the President vetoes a bill, he returns it, along with his objections, to the first chamber. If two-thirds of the members of the first chamber agree to pass the bill, it is transmitted to the second chamber. If two-thirds of the members of the second chamber also agree, the bill becomes law without requiring the President's signature.

Presidential approval

Once a bill has been approved by both houses of Congress, it is sent to the President for approval. The President has three options:

• The President can sign the bill, at which point it becomes a law.
• The President can choose not to act on the bill (i.e. neither sign nor veto it) within 30 days of receiving it, in which case it automatically becomes a law.
• The President can veto the bill.

If the President chooses to veto the bill, they must return it, along with their objections, to the first house (i.e. the House of Representatives or the Senate, whichever it originated from). The house must then enter the President's objections into their journal and proceed to reconsider the bill. If two-thirds of the members of that house still agree to pass the bill, it is sent, along with the objections, to the other house, where it is reconsidered. If two-thirds of the members of that house also agree to pass the bill, it becomes a law.

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