Law-Making Process in the Philippines

(Under Political Law and Public International Law)

The law-making process in the Philippines is governed primarily by Section 26 to Section 27 of Article VI of the 1987 Philippine Constitution, the Rules of the House of Representatives, the Rules of the Senate, and other relevant laws. The Congress of the Philippines, a bicameral body consisting of the Senate and the House of Representatives, is vested with the power to enact laws.

Below is a comprehensive and meticulous breakdown of the legislative process in the Philippines:

1. Proposal of a Bill

Who May File: Bills may be introduced by any member of Congress (either from the Senate or the House of Representatives). However, appropriation bills, revenue bills, and tariff bills must originate exclusively from the House of Representatives, as mandated by Section 24 of the 1987 Constitution.
Exception: The President, judiciary, and Constitutional Commissions may not introduce bills directly but can propose measures that sympathetic legislators may file.

2. First Reading

During the First Reading, the bill is read by its number and title only. No debate or discussion occurs at this stage.
The bill is referred to the appropriate committee for study and recommendation.
The committee may conduct public hearings and consultations with stakeholders, experts, and affected sectors.

3. Committee Consideration and Report

The committee to which the bill is referred evaluates its merits.
It may recommend approval without amendments, approval with amendments, or disapproval.
The committee then submits a committee report to the plenary, which may include the amended bill or substitute bill if the original version is substantially altered.

4. Second Reading

The Second Reading is the most critical stage of the legislative process. Here, the bill is subjected to extensive debate and scrutiny.
The bill is read in full unless copies have already been distributed to all members.
Sponsorship: The principal sponsor, usually the chair of the committee to which the bill was referred, explains its purpose and provisions.
Debate: Members of the chamber may ask questions, propose amendments, or challenge certain provisions.
Amendments: Any member may propose amendments to the bill. Amendments may be:
- Committee amendments: Suggested by the committee.
- Individual amendments: Proposed by individual members.
The bill is then voted upon in its entirety, with all amendments incorporated.

5. Third Reading

The bill, now in its final form, is printed and distributed to all members at least three days before the Third Reading.
No further amendments are allowed at this stage.
The bill is read by its title only, and each member of the chamber votes on the bill through nominal voting (i.e., roll call vote).
The results are recorded in the journal of the respective chamber.
If the bill is approved by a majority of the members present, it is forwarded to the other chamber for concurrence.

6. Transmittal to the Other House

Once approved by one chamber, the bill is transmitted to the other house (House of Representatives or Senate) where it undergoes the same legislative process:
- First Reading
- Committee Consideration
- Second Reading
- Third Reading
If the second chamber amends the bill, the amended bill is returned to the originating chamber for concurrence.
If the originating chamber does not concur with the amendments, a Bicameral Conference Committee may be convened to reconcile differences.

7. Bicameral Conference Committee

The Bicameral Conference Committee consists of members from both the Senate and the House of Representatives.
The committee reconciles any differences between the versions of the bill passed by both chambers.
The reconciled version is then submitted for ratification by both chambers.
No amendments are allowed once the bicameral version is presented for ratification.

8. Presidential Action

After both chambers have ratified the bill, it is enrolled and transmitted to the President for action.
The President may:
- Sign the bill into law: The bill becomes a law.
- Veto the bill: The President returns the bill with a veto message to the chamber where it originated. A vetoed bill may still become law if both chambers of Congress override the veto by a two-thirds vote of all members.
- Allow the bill to lapse into law: If the President does not act on the bill within 30 days of receiving it, the bill automatically lapses into law without the President's signature.

9. Veto Override

If the President vetoes the bill, Congress may reconsider the veto.
Both chambers must vote separately to override the veto, requiring a two-thirds majority in each chamber.
If successful, the bill becomes law notwithstanding the President’s veto.

10. Publication Requirement

A law must be published either in the Official Gazette or in a newspaper of general circulation before it takes effect, as required by the landmark Supreme Court case of Tañada v. Tuvera (1986).

11. Implementation

Once the law is published and takes effect, it is implemented by the appropriate government agencies.
Implementing rules and regulations (IRR) may be drafted by the executive branch to provide specific details for the enforcement of the law.

Special Considerations:

a. Special Bills

Appropriation bills, revenue bills, and tariff bills must originate exclusively from the House of Representatives. However, the Senate may propose or concur with amendments.
Private bills that affect specific individuals or groups, such as franchise bills, follow a similar process but often require additional committee hearings to address specific concerns.

b. Emergency Legislation

In cases of national emergency, Congress may grant emergency powers to the President under specific terms and conditions (Section 23, Article VI of the 1987 Constitution).

c. Treaty-Making Power

Under public international law, the President of the Philippines, as the chief architect of foreign policy, has the power to negotiate and enter into treaties.
However, Section 21, Article VII of the 1987 Constitution requires that treaties and international agreements must be concurred by at least two-thirds of all the members of the Senate before they become valid and effective.

Jurisprudential Clarifications

1. Doctrine of Enrolled Bill

The "enrolled bill doctrine" states that once a bill has been certified by the officials of both chambers as having passed the requisite readings, the courts will not inquire into any irregularities in the legislative process. This was upheld in the case of Astorga v. Villegas.

2. No Law Shall Be Passed by Title Alone

The 1987 Constitution, under Section 26, mandates that “every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof.”
This rule ensures that no provision of the law will be sneaked in unnoticed (e.g., Tolentino v. Secretary of Finance, which examined the constitutionality of revenue provisions under the title of a general law).

3. Three Readings on Separate Days

The Constitution requires that a bill undergoes three readings on separate days, except when certified as urgent by the President.
A presidential certification only dispenses with the requirement of separate days for the readings, not the three readings themselves.

The legislative process in the Philippines is designed to ensure that proposed laws undergo rigorous scrutiny by lawmakers while also providing checks and balances through the bicameral nature of Congress and the executive’s power to veto. The law-making process also reflects the country’s adherence to constitutional mandates, which safeguard the democratic process of law creation.