LEGISLATIVE PROCESS (NATIONAL)

Procedure of How a Bill Becomes a Law

1. Bill vs. Statute. Among the most important things studied in Article VI, The Legislative
Department, is the procedure of how a bill becomes a law. A bill is a proposed law. As such, it is
not yet binding nor does it confer or affect the rights and duties of individuals. It becomes a law
only after it has gone through all the formalities and solemnities of the legislation process as
prescribed in the Constitution. The law enacted by the Congress is called a statute.
2. The procedure is as follows:
(a) A bill is introduced by any Member of the Senate or the House of Representatives by filing it
with the Office of the Secretary where it is calendared for the First Reading. Some bills, however
must originate exclusively from the House of Representatives, such as the appropriation, revenue
or tariff bills, bills authorizing increase of the public debt, bills of local application, and private
bills, although the Senate may propose or concur with amendments.
(b) During the first reading the number, title, and name/s of author/s are read. The subject of the
bill as expressed in its title must only be one in order to avoid hodge-podge or log-rolling
legislation which entails insertion of many unrelated subjects. The bill is referred to an
appropriate committee for study. Public hearings or consultations may be conducted by the
committee before it recommends the bill for approval, with or without amendments, or for
consolidation with similar bills, or for disapproval. If it is disapproved, the bill is said to be
“killed.” If approved or reported out, it will calendared for the second reading.
(c) During the second reading, which is the start of the most important stage, the bill is read in its
entirety, together with the amendments introduced by the committee, if there are any. The bill
will thereafter be debated upon and amended if the members deem it necessary.
(d) The approved bill in the second reading is printed in its final form and copies of it are
furnished to the members three days before the third reading. During the third reading, only the
title of the bill is read, and immediately after, the Members will vote thereon and their votes
(yeas and nays) will be entered in the journal. No further amendments are allowed.
(e) The approved bill is referred to the other house where it also undergoes three readings on
three separate days. If compromise or reconciliation of conflicting provisions is necessary
because of the differences in the House Bill and Senate Bill version, the bill shall be submitted to
a joint bicameral committee.
(f) After the bill has been approved on third reading on both Houses it shall be submitted to the
President for his action. He approves by signing the bill; he disapproves by vetoing and returning
the bill with his objections to the House of origin. In order to override the veto of the President,
two-thirds of all the Members of each house voting separately must agree to pass the bill. If the
President will not act on the bill in thirty days, the bill shall become a law as if signed by him.
“Pocket veto” is not allowed under the laws.
(g) The enrolled bill or bill as printed and approved by the Congress and the President shall be
published in a newspaper of general circulation or in the Official Gazette of the Government and
shall become binding fifteen days following its publication unless another date is provided
therein.
3. Three Readings on Three Separate Days. What is important to remember in all these steps is
the rule of “three readings on three separate days.” Except when the President certifies to the
necessity of its immediate enactment to meet a public calamity or emergency, no bill can become
a law unless it passes three readings on three separate days in both Houses of the Congress.
Non-legislative and other Powers of Congress
1. Non-Lawmaking Powers. Aside from lawmaking, Congress performs non-lawmaking
functions, such as initiation and holding of impeachment (Art. XI, Sec. 2), acting as a constituent
assembly (Article XVII, Sec. 1), declaration of existence of war (Art. VI, Sec. 1), approval of
Presidential appointments through the Commission on Appointments (Art. VI, Sec. 17), and
deciding election cases involving its members (Art. VI, Sec. 16).
2. Power to Declare the Existence of War. Section 23 (1), Article VI states that “the Congress, by
a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the
sole power to declare the existence of a state of war.” This means that when the Philippines is
under attack by foreign invaders, the Congress by means of enacting a law, affirms that the
Philippines is already at war with the enemy. War is not solely controlled by the President who is
the commander in chief of the military; it is likewise controlled by the legislature because it has
power over the money used in the war.
3. Legislative Inquiries. The Congress also conducts legislative inquiries which power is
necessarily implied in its power to legislate. Legislative inquiry is a process held in the Congress
especially conducted to compulsorily obtain requisite information from witnesses in aid of
legislation. The process and the requite information taken are necessary to legislate wisely and
effectively. The Constitution provides limitations, to wit: (1) the inquiries must be in aid of
legislation; (2) it must be in accordance with the duly published rules of procedure of the
Congress; and (3) the rights of persons appearing shall be respected.
4. Question Hour. Inquiries may also be conducted to obtain information from the heads of
departments on matters pertaining to how laws are implemented. This is called the question hour.
The manner of obtaining information, however, is not compulsory because of the doctrine of
separation of powers. The heads of the departments are alter egos of the President; to maintain
the co-equality of the executive and legislative branch, either House of Congress may only
request for the appearance of the department heads. Conversely, the department heads may
appear but the Congress is not obliged to hear them. Question hour is different from legislative
inquiry in that appearance in the former is not compulsory, while appearance in the latter is
compulsory; information derived in the former is in exercise of “oversight functions,” while
informative derived in the latter is in aid of legislation; and the former is not among the
traditional processes of a presidential government, while the latter is an inherent legislative
power under a presidential government.