How a Bill Becomes Law in the Philippines

Below is an in-depth discussion of how a bill becomes law in the Philippines, set against the backdrop of Philippine constitutional and legal framework. This overview captures the sequential steps from the filing of a bill in Congress to its enactment (or possible veto) by the President.

1. Constitutional and Institutional Framework

  1. Legislative Power

    • The 1987 Philippine Constitution vests legislative power in a bicameral Congress, composed of:
      • The Senate, also known as the upper house (24 Senators elected at large); and
      • The House of Representatives, also known as the lower house (district representatives and party-list representatives).
    • Both houses of Congress share the power to craft legislation, but certain bills (e.g., those involving appropriations, taxes, or tariffs) must originate from the House of Representatives, though the Senate may propose or concur with amendments.

  2. Executive Role

    • The President reviews bills passed by both houses and decides whether to sign them into law or veto them.
    • If vetoed, Congress may override the presidential veto under certain conditions.

  3. Judicial Oversight

    • Once enacted into law, the constitutionality of the law can still be reviewed by the Supreme Court upon a justiciable controversy. However, that occurs after the law has taken effect and is challenged in court.

2. Filing or Introduction of a Bill

  1. Authorship

    • A bill can be introduced by any member of either the Senate or the House of Representatives.
    • Bills may also be initiated by the relevant committees within Congress, especially during legislative inquiries or upon endorsements from government agencies and other stakeholders.

  2. Form and Content Requirements

    • The bill must be in written form, typically divided into sections addressing the proposed law’s title, policy declarations, definitions, operational provisions, penal clauses (if any), appropriations, and final clauses.
    • The Constitution mandates that every bill must embrace only one subject, which must be expressed in the title of the bill (Section 26(1), Article VI of the 1987 Constitution).

  3. Bills That Must Originate in the House

    • Appropriation (funding) bills, revenue or tariff bills, bills authorizing an increase of the public debt, and bills of local application should originate exclusively from the House of Representatives, but the Senate may propose or concur with amendments.

3. Committee Referral and First Reading

  1. Filing and Numbering

    • Once filed, the bill is assigned a number (e.g., House Bill No. ___ in the House or Senate Bill No. ___ in the Senate).

  2. First Reading

    • During the first reading, only the bill’s number, title, and author are read.
    • No debate takes place at this stage.
    • After the first reading, the bill is referred to the appropriate committee(s) with jurisdiction over the subject matter.

  3. Committee Consideration

    • The committee reviews and conducts public hearings or consultations if deemed necessary.
    • The committee may seek position papers from government agencies, stakeholders, or subject-matter experts.
    • After deliberations, the committee issues a report recommending approval (with or without amendments), consolidation with similar bills, or rejection/deferral of the measure.
    • If recommended for approval, a Committee Report is prepared.

4. Second Reading (Plenary Deliberations)

  1. Sponsorship and Debate

    • In the plenary session, the sponsor (typically the chair of the committee that prepared the committee report) formally sponsors the bill.
    • Members of the legislative body may interpellate (question) the sponsor or proponents of the bill.

  2. Amendments

    • Once debates are concluded, the floor may introduce amendments in two forms:
      • Committee Amendments: Official modifications recommended by the committee before the plenary debates, often contained in the committee report.
      • Individual or Floor Amendments: Amendments offered by individual legislators in the course of the plenary debate.
    • The bill is amended and refined based on consensus (or majority votes).

  3. Approval on Second Reading

    • After debates and amendments, the bill is voted upon for Second Reading.
    • If a majority approves the measure, it moves on.

5. Third Reading (Final Reading and Vote)

  1. Printed Copies and Scheduling

    • The Constitution requires that printed or electronic copies of the final version (including approved amendments) be distributed to legislators at least three days before the Third Reading.
    • This allows sufficient time for legislators to review the final text.

  2. Voting

    • Voting on Third Reading is usually done via roll call, and the votes (ayes, nays, abstentions) are recorded.
    • No further amendments are entertained at this stage.

  3. Passage in One Chamber

    • If the bill garners a majority vote of all members present, it is deemed approved on Third Reading in that chamber.
    • The approved version is then transmitted to the other chamber for concurrence.

6. Transmission to the Other Chamber

  1. Similar Process

    • Once the House of Representatives passes a bill, it is transmitted to the Senate, and vice versa.
    • The receiving chamber goes through its own version of First, Second, and Third Readings.
    • If the receiving chamber passes the exact version with no changes, the bill may proceed for enrollment (final copy for the President’s signature).

  2. Amendments by the Other Chamber

    • If the second chamber introduces changes/amendments to the bill, it must be returned to the originating chamber to see if those changes are acceptable.
    • The originating chamber may concur or refuse the amendments.

  3. Bicameral Conference Committee

    • If the two chambers disagree on specific provisions or do not accept the other’s amendments, a Bicameral Conference Committee (often called the “Bicam”) is formed to reconcile conflicting versions.
    • The Bicam is composed of an equal number of legislators from each chamber.
    • They discuss and iron out differences to produce a uniform “conference committee report,” which must be approved by both chambers in plenary.

7. Enrollment and Final Approval by Congress

  1. The Enrolled Bill

    • Once both houses agree on a final consolidated version (whether through direct concurrence or via a bicameral conference committee report), a clean copy called the “enrolled bill” is prepared.
    • Officers of both houses (the Senate President and the Speaker of the House, or their duly authorized representatives) sign the enrolled bill as a certification that it has passed Congress.

  2. Transmittal to the President

    • The enrolled bill is then sent to the President of the Philippines for action.

8. Presidential Action

Upon receiving the enrolled bill, the President has the following options:

  1. Sign the Bill into Law

    • The President may sign the bill. It then becomes Republic Act No. ___ (assigned by the Office of the President or relevant government agency).
    • Once signed, it is transmitted for publication (in the Official Gazette or a newspaper of general circulation) to inform the public before it takes effect.

  2. Veto the Entire Bill

    • The President may veto the entire bill by writing a veto message explaining the reasons.
    • The President then transmits the veto message to Congress.

  3. Line-Item Veto (for Appropriation Bills)

    • For general appropriations (budget) bills, the President may exercise a line-item veto on specific items of expenditure without vetoing the entire measure.
    • This partial veto is also accompanied by a message to Congress explaining the vetoed items.

  4. Inaction (Pocket Approval or “Lapse into Law”)

    • If the President neither signs nor vetoes the bill within 30 days from receipt, it automatically lapses into law without the President’s signature.
    • This is mandated under Section 27(1), Article VI of the 1987 Constitution.

9. Override of Presidential Veto (If Applicable)

  1. Two-Thirds Vote Requirement

    • If the President vetoes the entire bill, Congress may override the veto by a vote of two-thirds of all members of both the Senate and the House.
    • Each chamber must achieve this two-thirds majority vote separately to override.
    • This is rare in practice, but it is a constitutional check on presidential power.

  2. Effect of Override

    • If successfully overridden, the bill becomes law despite the presidential veto.

10. Effectivity of the Law

  1. Publication Requirement

    • Under prevailing jurisprudence (notably, cases such as Tañada v. Tuvera), a law must be published in the Official Gazette or in a newspaper of general circulation before it takes effect.
    • The law typically takes effect 15 days after publication, unless the law itself specifies a different date.

  2. Implementing Rules and Regulations (IRRs)

    • Many statutes require the relevant executive departments or agencies to formulate IRRs within a specified period.
    • IRRs detail how the law will be enforced and administered, but cannot expand or limit the law’s scope beyond what Congress provided.

11. Post-Enactment Review and Possible Judicial Scrutiny

  1. Constitutional Challenges

    • Even after a bill becomes law, any citizen or entity with proper legal standing may challenge its constitutionality before the Supreme Court.
    • If declared unconstitutional, the law or certain provisions may be struck down.

  2. Amendments or Repeal

    • Congress retains the power to amend or repeal laws that are later found obsolete, conflicting, or ineffective.
    • The same legislative process is observed for enacting amendments or repeal.

12. Special or Emergency Legislation

  1. Priority Certification

    • The President may certify a bill as urgent to expedite its legislative process, especially in times of national emergency or urgent public need (Section 26(2), Article VI, 1987 Constitution).
    • When certified as urgent, the requirement of three separate readings on separate days may be dispensed with, allowing Second and Third Readings on the same day.
    • However, the bill still requires enough support in both chambers to pass.

  2. Joint Resolutions and Other Measures

    • Congress may pass joint resolutions which have the force and effect of law, though typically with a limited scope or timeframe.
    • These are sometimes utilized for urgent matters such as budget realignments or emergency allocations.

Conclusion

The pathway from a bill’s filing in the Philippine Congress to its enactment (or possible rejection) is carefully laid out under the 1987 Constitution and the procedural rules of both legislative chambers. Key highlights include:

  • The rigorous three-reading process in each chamber.
  • Committee-level scrutiny to refine legislative proposals.
  • Bicameral reconciliation of differing versions between the Senate and the House.
  • The President’s authority to approve, veto (entirely or partially for appropriation bills), or allow a bill to lapse into law.
  • Publication and effectivity requirements, ensuring the public is informed of new legislation.
  • The possibility of judicial review, protecting the constitutional system of checks and balances.

This structured approach ensures that the legislative branch carefully deliberates on proposed measures, and the executive has the final say before implementation—an embodiment of the democratic principles enshrined in the Philippine Constitution.

Disclaimer: This content is not legal advice and may involve AI assistance. Information may be inaccurate.

Privacy Policy

Terms of Use

Lawyer Login

 
 
Privacy Policy         Terms of Use         Lawyer Login