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How Laws Are Passed In The Philippines: A Guide

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How Laws Are Passed In The Philippines

The process of passing laws in the Philippines is a complex and structured process that involves multiple steps and parties. It is an essential component of the country’s democratic system and ensures that all laws that are enacted are in line with the Philippine Constitution. Understanding the legislative process and the role of Congress, the President, and the Bi-Cameral Conference Committee is crucial for anyone seeking to gain mastery in the field of Philippine law.

In this article, we will provide a comprehensive guide on how laws are passed in the Philippines. We will take a closer look at the Philippine Constitution and the powers granted to Congress, the legislative process that must be followed before a bill becomes a Republic Act, and the approval and veto process.

By the end of this article, readers will have a deeper understanding of the legal framework and procedures that govern the passing of laws in the Philippines.

Key Takeaways

  • Congress has limited power to enact Republic Acts and must follow the guidelines outlined in the Philippine Constitution.
  • Bills must go through First, Second, and Third Readings and be presented to the President before becoming a law.
  • The legislative process involves Committee evaluation, public hearings, and the possibility of amendments or substitute bills.
  • Once approved by both Houses of Congress, a Bi-Cameral Conference Committee is formed to reconcile changes and amendments before submission to the President for approval or veto.

Philippine Constitution and Congress

The Philippine Constitution outlines the limited power of Congress to enact Republic Acts and the process that every bill passed by Congress must undergo before becoming a law. The powers of Congress to enact laws and legislation are prescribed in the Constitution, which serves as the fundamental law of the land. Congress is the primary law-making body in the Philippines, composed of two houses: the Senate and the House of Representatives.

To enact laws, Congress must follow a strict process. Every bill passed by Congress shall embrace only one subject, and no bill passed by either House shall become a law unless it has passed three readings on separate days.

The legislative process involves First, Second, and Third Readings of the Bill, where the appropriate committee evaluates the bill, conducts public hearings, makes recommendations, and transmits the same to Plenary Session for appropriate action. After the Third Reading, the disposition of the Bill becomes categorical, and once approved by both Houses of Congress, a Bi-Cameral Conference Committee is formed to deliberate, integrate, and reconcile the changes and amendments of the different Bills which were passed before both Houses of Congress.

Legislative Process

During the legislative process in the Philippines, bills are evaluated by the appropriate committee which is responsible for conducting public hearings, making recommendations, and transmitting the same to the Plenary Session for appropriate action.

The committee may introduce amendments, consolidate bills on the same subject matter, or propose a substitute bill. However, it is important to note that the approval of the bill at the committee stage is merely recommendatory.

After the third reading, the disposition of the bill becomes categorical. Once approved by both Houses of Congress, a Bi-Cameral Conference Committee is formed to deliberate, integrate, and reconcile the changes and amendments of the different bills which were passed before both Houses of Congress.

The Conference Committee prepares a report to be signed by all the conferees and the Chairman, which is then submitted for consideration/approval of both Houses. No amendment is allowed at this stage, and it is the final step in the legislative process before the bill is presented to the President for approval or veto.

Approval and Veto Process

In the Philippines, the President has the power to either approve or veto a bill that has been approved by both Houses of Congress and reconciled by a Bi-Cameral Conference Committee. If the President approves the bill, it is assigned an RA number and transmitted to the House where it originated.

However, if the President vetoes the bill, it is transmitted to the House where the bill originated, along with a message citing the reason for the veto.

The House and the Senate have the power to override a Presidential veto by reconsidering the bill or vetoed items. However, a two-thirds vote from each House is required for the bill or vetoed items to become law.

This check ensures that the President cannot simply veto any bill that they disagree with, as the legislative branch has the power to override the veto if necessary.

FAQ Section: How Laws are Passed in the Philippines

What role do the Philippine courts play in the lawmaking process?

The Philippine courts play a significant role in the lawmaking process through their power of law interpretation. They ensure that the laws passed by Congress are in accordance with the provisions of the Philippine Constitution and can declare them unconstitutional if necessary.

How are the members of the Conference Committee chosen?

The Conference Committee Members are selected by both Houses of Congress. They are appointed to reconcile the differences between the versions of the bill passed by each House, and prepare a report that is submitted for consideration and approval without amendment.

Are there any restrictions on the types of bills that can be introduced in Congress?

Congress in the Philippines has limited power to enact Republic Acts and every bill passed by Congress must embrace only one subject. Possible discussion ideas include legislative limitations and bill scope.

How long does the President have to approve or veto a bill?

The President of the Philippines has thirty days to either approve or veto a bill, as per the Constitutional limitations. If vetoed, the President must provide reasons for the veto, which can be overridden by a two-thirds vote from each House.

Can the public participate in the legislative process in the Philippines?

Public involvement in the legislative process in the Philippines is possible through public hearings conducted by the appropriate Committee. This promotes legislative transparency and enables the public to voice their opinions on proposed bills and make recommendations for consideration by the Committee.

What is the process of creating and passing bills, such as appropriation bills or private bills, in the Philippines?

The process of passing laws in the Philippines typically begins with a member of Congress submitting a proposed bill for consideration. This could be an appropriation bill, which pertains to government funding, or a private bill, which affects specific individuals or entities. The bill undergoes a series of readings, debates, and amendments before moving forward.

How are committee reports involved in the legislative process?

Once a bill is introduced, it is referred to the appropriate committee within Congress for review and deliberation. The committee then prepares a committee report, which contains its recommendations and any proposed changes to the bill. This report serves as the basis for further debates and discussions during subsequent readings of the bill.

What role does an affirmative vote play in passing a law?

An affirmative vote is required for a bill to move through each stage of the legislative process. Once a bill has undergone all necessary readings, debates, and amendments, it must receive an affirmative vote from a majority of the members of Congress present during the voting session. If the bill receives the necessary votes, it moves on to the next stage or becomes enacted as law.

How do local government units, such as Quezon City, Pasig City, or Davao City, contribute to the legislative process in the Philippines?

Local government units (LGUs) may contribute to the legislative process by proposing and enacting local ordinances and resolutions within their jurisdiction. These local laws can address issues specific to their areas, such as Muntinlupa City, Antipolo City, or Surigao Del Norte. Additionally, LGUs can collaborate with national legislators to propose and support bills that address local concerns or needs.

Can a proposed bill be specific to a certain city or region in the Philippines?

Yes, a proposed bill can focus on a specific city or region within the Philippines. For example, a bill might address infrastructure development in Quezon City or allocate funds for disaster relief efforts in Davao City. However, these bills must still undergo the same legislative process and receive the necessary affirmative votes from Congress to become law.