Laws: “Rule[s] of conduct formulated and made obligatory by legitimate power of the state.
”
This includes statutes, presidential issuances, jurisprudence, rules and regulations, and
ordinances.
Statutes: Acts of Congress. So, like, laws from Congress.
Bills: “Proposed legislative measure[s] introduced by a member or members of Congress for
enactment into law.” Basically, bills are proposed, unpassed measures that may or may not
become statutes.
Congress: Legislative body. This is where legislative power is vested in, according to Sec. 1.,
Art. VI of the Constitution. It has two houses: (1) the Senate; and (2) the House of
Representatives (also called the lower house or the HoR).
Overview: From Bill to Law
Here’s an overview of the process, to be broken down into steps after the photo:
Blue is for the first house, which may be either Senate or the HoR; Orange is for the second
house, which is whichever isn’t the first house; and Green is for both houses. For those who
have difficulty with differentiating colors, I placed 1 dot on the lower right of each box for
first house; 2 dots for second house; and a line for both houses.
For purposes of this explanation, I’ll be using the terms First House and Second House. The
First House from which the bill originates may be either Senate or the HoR. The Second
House is whichever house isn’t the First House.
Note, however, there are certain bills that have to originate from the HoR: 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 (Sec. 24, Art. VI of the Constitution).
Three Readings; First House
General Rule: 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.
Exception: The requirements of (1) printing; and (2) reading on separate days are not
required when the President certifies to the necessity of the immediate enactment of the bill
to meet a public calamity or emergency. (Sec. 26, Art. VI of the Constitution)
First Reading
In the first reading, the number and title of the bill is read. The bill is then sent to the proper
Committee for study and recommendation.
Second Reading
In the second reading, the bill is read in full, with the amendments proposed by the
Committee. The bill is then subject to debates and amendments. After any amendments, the
bill is voted upon.
Third Reading
If the bill is approved after the second reading, it goes to third reading. In the third reading,
the bill is again voted upon.
Second House
After the three readings in the first house, the bill is transmitted to the Second House. The
same process of three readings is followed.
If the Second House approves the bill, the bill is authenticated and transmitted to the
President (see President section below).
But if the Second House introduces amendments, the bill is transmitted to the First
House.
If the First House agrees to the amendments, the bill is authenticated and
transmitted to the President (see President section below).
But if the First House does not agree to the amendments, “the differences will be
settled by the Conference Committees of both [houses].”
Conference Committee
The Conference Committee will provide a report or recommendation (which is not limited to
considering the conflicting provisions — this means the Committee can include a whole new
provision not related to the conflict between the Houses).
If the Committee’s report or recommendation is approved by both houses, the new version
is authenticated, then transmitted to the President.
Authentication
Authentication means the “signing by the Speaker [of the HoR] and the Senate President of
the printed copy of the approved bill, certified by the respective secretaries of both Houses.”
After authentication, the bill is transmitted to the President.
The President
The President has three options:
1. He can sign the bill, making it a law;
2. He can not act on the bill (neither sign nor veto) within 30 days after his receipt of
the bill, making it a law as if he had signed the bill; or
3. He can veto the bill.
Veto
When the President vetoes a bill, he returns the bill, with his objections, to the First House.
The First House should reconsider the bill.
If 2/3 of the Members of the First House agree to pass the bill, the bill (with the objections)
are transmitted to the Second House.
If 2/3 of the Members of the Second House agree to pass the bill, the bill becomes law. It
doesn’t have to go through the President anymore.
A bill becoming a law in the Philippines, Philippine Legal Research and
Bibliography
1. Bill Drafting and Introduction:
Drafting and Introduction: A bill can originate in either the House or the Senate. It is
drafted by a member, their staff, or sometimes by an executive department. The bill is
then formally introduced and assigned a bill number. This stage often involves legal
research to ensure the proposed law aligns with existing legislation and the Constitution.
Legal Research: This stage often involves extensive legal research to ensure the bill
aligns with existing laws and jurisprudence, and to identify potential legal issues.
Bibliography: Relevant legal materials, such as statutes, court decisions, and legal
commentaries, are consulted during the drafting process.
Introduction: A member of the House of Representatives or the Senate introduces
the bill, which is then assigned a number and formally filed.
2. First Reading:
First Reading: The bill's title and author are read on the floor of the chamber where
it was introduced. This is a formality, and no debate takes place. The bill is then
referred to the appropriate committee(s).The bill's title and author are read on the
floor.
Legal Research: The bill is typically referred to the appropriate committee, and legal
researchers may be involved in preparing background information and analysis for
the committee members.
2. Committee Review:
Committee Review: This is a crucial stage. The committee holds public hearings,
invites experts, and studies the bill in detail. They may propose amendments, rewrite
portions, or decide not to report the bill out, which effectively kills it. Legal research
plays a vital role here, providing background information, analysis of similar laws, and
potential impacts of the proposed legislation.
Legal Research: The committee conducts hearings, invites experts, and reviews legal
arguments and studies related to the bill.
Bibliography: Committee reports often cite legal sources and studies that support
their recommendations.
The committee may propose amendments or decide not to report the bill, effectively
killing it.
4. Second Reading:
Second Reading: If the committee reports the bill out, it is scheduled for second
reading. This is where the bill is debated extensively on the floor. Members can propose
amendments, and these are voted upon. Legal staff often assist members in preparing
arguments and analyzing the legal implications of proposed changes.
The bill is presented for floor debate, where members can propose amendments.
Legal Research: Legal researchers may assist in preparing arguments for or against
proposed amendments.
5. Third Reading:
Third Reading: After the debates and amendments, the final version of the bill is read
on the floor. No further amendments are allowed at this stage. A vote is taken.
The final version of the bill is read, and a vote is taken.
No further amendments are allowed at this stage.
6. Consideration by the Other Chamber:
Consideration by the Other Chamber: If the bill passes in one chamber, it is
transmitted to the other chamber, where it goes through the same process (first, second,
and third readings).
The bill undergoes the same process in the other chamber (House or Senate).
Legal Research: Legal researchers may be involved in analyzing the bill and
comparing it with versions passed by the other chamber.
7. Bicameral Conference Committee:
Bicameral Conference Committee: If the two chambers pass different versions of the
bill, a bicameral conference committee is formed. This committee is composed of
members from both houses, and their task is to reconcile the differences and produce a
single, agreed-upon version. Legal experts are often consulted during this process.
Legal Research: If the two chambers pass different versions, a bicameral conference
committee is formed to reconcile the differences. Legal experts may assist the
committee in this process.
The committee prepares a consolidated version of the bill.
8. Presidential Action:
The enrolled bill (the final version) is sent to the President. The President has three
options:
Sign: If the President signs the bill, it becomes law.
Veto: If the President vetoes the bill, it is returned to the chamber of origin with the
President's objections. Congress can override the veto with a two-thirds vote of both
houses, in which case the bill becomes law despite the veto.
No Action: If the President does not act on the bill within 30 days of receiving it, it
automatically becomes law.
The enrolled bill is submitted to the President.
Legal Research: The President's legal team reviews the bill for constitutionality and
legal implications.
The President can sign the bill into law, veto it, or allow it to lapse into law.
9. Publication:
Publication: Once a bill becomes law, it must be published in the Official Gazette or a
newspaper of general circulation before it takes effect. This ensures that the public is
aware of the new law.
The law is published in the Official Gazette or a newspaper of general circulation.
Bibliography: The publication serves as official notice of the law's enactment.
10. Law: The published bill is now a law of the land.
11. Bill Dies: If the bill fails to pass at any stage of the process, or if the presidential veto is
sustained, the bill dies and does not become law.