CHAPTER 2: OVERVIEW OF LEGISLATIVE SYSTEM
bills on the same subject matter or propose
PREPARATION OF THE BILL
• The Bill Drafting Division of the Reference
and Research Bureau prepares and drafts
the bill upon the Member’s request.
• The Senate or the House of Representative
may introduce a bill.
• A bill must cover only one subject matter.
FIRST READING
• Bills and Index Service – where the bill is
numbered and reproduced.
• Three days after the filing, the same is
included in the Order of Business for First
Reading.
• The title and number of the bill is read by
the Secretary General.
COMMITTEE CONSIDERATION OR ACTION
• The Committee will determine whether the
conduct of public hearings are necessary.
• If public hearings are needed:
o The same will issue public notices and
invite resource persons.
• If public hearings are not needed:
o The Committee will
schedule the bill for Committee
discussion/s.
• Committee Report – the bill is read in open
session before being referred to the Rules
Committee.
• Rules Committee – can place the bill in the
2nd Reading Calendar or in the Calendar of
Unassigned Business.
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• May introduce amendments, consolidate
transmitted to the Archives.
substitute bill
• Approval by the Committee.
• Transmittal to the Public Affairs Bureau.
SECOND READING
• Committee Report is registered and
numbered by the Bills and Index Service.
• A bill is subject to debate and amendment
before being placed in the third reading.
• The Secretary General reads the number,
title and text of the bill and the following
takes place:
1. Period of Sponsorship and Debate
2. Period of Amendments
3. Voting – viva voce, count by tellers,
division of the House or nominal
voting
• A bill must undergo 3 readings on 3
separate days except when the President
certifies a bill as urgent to meet a public
calamity or national emergency.
THIRD READING
• The amendments, if any, are engrossed and
printed copies of the bill are reproduced for
Third Reading.
• Sec. Gen. reads only the number and title
of the bill.
• No amendment shall be allowed.
• A roll call or nominal voting is called, and a
Member, may explain his vote for three
minutes.
• The bill is approved by an affirmative vote
of a majority of the Members present.
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• If the bill is disapproved, the same is
TRANSMITTAL OF THE APPROVED BILL TO THE
SENATE
 After a bill’s passage by one house, the bill
goes through the same process in the other
house.
 If amendments are made in one house, the
other house must concur.
 Conference Committee – the process of
harmonizing conflicting provisions of the
two versions of similar bill passed by both
Houses which shall be ratified by both
houses.
SENATE ACTION ON APPROVED BILL OF THE
HOUSE
• Same legislative process in the Senate
CONFERENCE COMMITTEE
• Composed of Members from each House
of Congress.
• Duties: to settle, reconcile or thresh out
differences or disagreements on any
provision of the bill.
• The conferees are not limited to reconciling
the differences in the bill but it may
introduce new provisions germane to the
subject matter.
• It may report out an entirely new bill on the
subject.
• The Conference Committee Report is
submitted for consideration/approval of
both Houses.
• No amendment is allowed.
 • When the bill is passed by both Houses, it is • If the Congress decides to override the ◦ Government’s anticorruption court
signed by their respective leaders and sent veto, the House and the Senate shall that hears criminal cases brought
to the President for approval. proceed separately to reconsider the bill or against senior officials
TRANSMITTAL OF THE BILL TO THE PRESIDENT the vetoed items of the bill. • Shari’a
• The copies of the bill, signed by the Senate • If the bill or its vetoed items is passed by a ◦ Islamic law court system with
President and the Speaker of the House vote of two-thirds of the Members of each jurisdiction over domestic and
and certified by both the Secretary General House, such bill or items shall become a contractual relations among Muslim
of the House are transmitted to the law. citizens.
President. ---------------------------------------------------------------------
CHAPTER 3: OVERVIEW OF JUDICIARY SYSTEM HIERARCHY OF COURTS IN THE PHILIPPINES
PRESIDENTIAL ACTION ON THE BILL
• If the bill is approved by the President, the PHILIPPINE JUDICIARY
Supreme Court
same is assigned an R.A. number and • One of the three Branches of the
transmitted to the House where it Government
originated. • Doctrine of Separation of Powers Court of Court of Tax COA &
Sandiganbayan
• If the bill is vetoed, it shall be transmitted ◦ It is posited on the existence of the Appeals Appeals COMELEC
to the House where it originated. three distinct functions of the
• The President shall communicate to the government, the legislative, executive Regional Trial Courts Quasi-Judicial Bodies
Congress his reason for the veto. and judicial functions which should be (formerly CFI) (e.g. NLRC, PRC, etc.)
• The President may sign the bill into a law, kept apart in order to prevent the
or veto all or part of it. centralization of too much power. Municipal Trial
Courts (Shari’a
• The bill becomes a law if, within 30 days • Section 1, Article VIII of the 1987 Circuit Court)
after receiving it, the President fails to sign Philippine Constitution
Municipal Trial Courts One court in one
or veto the bill. ◦ The judicial power is vested (MTC) municipality
• A vetoed bill can become a law when the in one Supreme Court and such lower
One court in two or
Congress overrides the veto by a 2/3 vote courts as may be established by law. Municipal Circuit Trial
more municipalities
Court (MCTC)
of all its Members. Municipal Trial
Courts
NATIONAL COURT SYSTEM Metropolitan Trial Municipal Courts in
ACTION ON APPROVED BILL • Four (4) levels: Court (MeTC) Metro Manila

• The bill is reproduced and copies are sent ◦ Local and Regional Trial Courts Municipal Trial Court in Courts in cities outside
to the Official Gazette Office for ◦ Court of Appeals Cities (MTCC) Metro Manila
publication and distribution to the ◦ Supreme Court
implementing agencies. ◦ Informal system for arbitrating or TIME FRAME FOR THE COURTS TO DECIDE CASES
mediating certain disputes outside the • Supreme Court
ACTION ON VETOED BILL formal court system ◦ Must be resolved within 24 months
• The message is included in the Order of • Sandiganbayan from the date of submission
Business. • All lower collegiate courts

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 ◦ Within 12 months
• All other lower courts
◦ Within 3 months
DEFINITIONS
• Court
• Jurisprudence
• Jurisdiction
DISTINCTIONS
• Judiciary and Supreme Court
• Supreme Court and Department of Justice
• Bar and Bench
• Judges and Justices
JURISDICTION
• Territorial jurisdiction
◦ A judge’s power in relation to his
territory.
• Every act of jurisdiction exercised by a
judge outside his territory, either by
pronouncing sentence or carrying it into
execution, is null.
• An inferior court has no jurisdiction beyond
what is expressly delegated.
HOW JURISDICTION IS ACQUIRED
• Over the plaintiff or petitioner
◦ By filing of the complaint, petition, or
initiatory pleading before the court
• Over the defendant or respondent
◦ By voluntary appearance or
by service of summons
• Over the subject matter
◦ Conferred by law
• Over the res (thing)
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◦ By actual or constructive
seizure
CLASSIFICATION OF JURISDICTION
• General v. Limited or Specific
• Original v. Appellate
• Exclusive v. Concurrent
• Civil v. Criminal
JURISDICTION OF THE SUPREME COURT
Supreme Court has the power to review, revise,
reverse, modify, or affirm on appeal or certiorari
as the law of the Rules of Court may provide,
final judgments and orders of lower courts in:
◦ All cases in which the
constitutionality or validity of any
treaty, international or executive
agreement, law, presidential decree,
proclamation, order, instruction,
ordinance, or regulations is in question;
◦ All cases involving the legality of any
tax, impost, assessment, or toll, or any
penalty imposed in relation thereto;
◦ All cases involving the jurisdiction
of any lower court is in issue;
◦ All criminal cases in which the
penalty imposed is reclusion perpetua
or higher;
◦ All cases in which only an error or
question of law is involved.
WHAT IS AN EN BANC?
• It means, “in the bench” or “full bench”
• It refers to a session where the entire
membership of a court will participate in
the decision.
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• A decision or ruling issued by a division of
the Supreme Court has the same authority
as that issued by the Supreme Court En
banc.
EN BANC CASES
• Supreme Court Circular No. 2-89: where
such referral is made, the Court en banc
may either accept the case or return the
same to the Division, depending upon the
factual and legal backdrop of the
controversy.
• Cases in which the constitutionality or
validity of any treaty, international or
executive agreement, law, executive order
or presidential decree, proclamation, order,
instruction, ordinance or regulation is in
question.
• Criminal cases in which the appealed
decision imposes the death penalty
• Cases raising novel questions of law.
• Cases affecting ambassadors, other public
ministers and consuls.
• Cases involving decisions, resolutions or
orders of the Civil Service Commission,
COMELEC and COA.
• Cases where the penalty to be imposed is
the dismissal of a judge, officer or
employee of the judiciary, disbarment of a
lawyer, or either the suspension of them
for a period of more than one year or a fine
exceeding Php10, 000 or both.
• Cases where a doctrine or principle is laid
down by the Court En Banc or in division
may be modified or reversed.
• Cases assigned to a division which in the
opinion of at least three members thereof
 merit the attention of the Court en banc
and are acceptable to a majority of the
actual membership of the court en banc.
• All other cases as the court en banc by a
majority of its membership may deem of
sufficient importance to merit its attention.
EN BANC VS. APPELLATE COURT OF SC DECISION
• The En banc is not an appellate court to
which decisions or resolutions of a division
may be appealed.
DIRECT FILING WITH THE COURT EN BANC
• The direct filing of an appeal that is already
filed before any other division is considered
as forum shopping.
• Appellants may file a motion to elevate
their case to the Court En Banc before the
assailed decision or resolution becomes
final and executory.
SUPREME COURT CIRCULAR NO. 2-89
• A decision or resolution of a Division of the
Court, when concurred in by a majority of
its Members who actually took part in the
deliberations on these issues in a case and
voted thereon, and in no case without the
concurrence of at least three of such
members, is a decision of resolution of the
Supreme Court.
SUPREME COURT MINUTE RESOLUTION
• The Court is not compelled to adopt a
definite and stringent rule on how its
judgment shall be framed. The SC has
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discretion to decide whether a “minute ◦ Common Law, Case
resolution” should be used in lieu of a full- Law, and Judge-Made Law
blown decision in any particular case. Synonymous
• A minute resolution of dismissal of a • Executive Department
petition for review on certiorari constitutes ◦ Power of Subordinate Legislation of
an adjudication on the merits of the the Executive
controversy or subject matter of the ◦ Implementing Rules and
position. Regulations of Administrative Laws
----------------------------------------------------------------- PRECEDENCE & HIERARCHY OF PHILIPPINE LAWS
CHAPTER 4: INTRODUCTION TO LAWS
1987 Constitution
“LAW” AND KINDS OF LAWS
Statutes
1) Statutory or enacted law
2) Case law Implementing Rules and Regulations
3) Administrative law
4) Purpose of the law Court Decisions
5) Jurisprudence about sources of law
PHILOSOPHY OF LAW CIVIL LAW SYSTEM OR TRADITION
1) Classic Natural Law Theory accdg to St.
Thomas Aquinas (4 types) COMMON LAW SYSTEM OR TRADITION
• Eternal law
• Divine law
• Natural law
2) Aquinas’ Philosophy of Law
• Ordinance of reason
• For the common good
• Promulgated
• Power to coerce others
SOURCES OF PHILIPPINE LAWS
• Legislative Department
◦ Statutes
• Judiciary Department
◦ Case law
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PHILIPPINE CIVIL LAW TRADITION WITH A
COMMON LAW TOUCH
• When the American annexed the
Philippines, we remained a civil law
country because of the history of Spain.
• Americans incorporated some
common law in the Philippine Legal
System in a way that case law(doctrines)
are observed in judicial case
• Article 8 of the New Civil Code
DIFFERENCE BET. CIVIL LAW AND COMMON LAW
1. Stare Decisis
• Civil law
- Written Law
- No Doctrine Stare Decisis
• Common law
- Unwritten Law
- Follows the Doctrine Stare Decisis
2. Jurisprudence
• Civil Law
- decisions are separated in two
parts; the motif(reason) and dispositif
(order)
- judges are specially trained
- Decisions are brief
• Common Law
-decisions are longer and less
formalistic
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- judges are appointed amongst CIVIL LAW CRIMINAL LAW
practicing lawyers without special Cases involving damage to Cases involving violation or injury
training individual’s personal rights, to public rights (rights of the public
- extensively exposes the facts persons, or property: as a whole):
• Invasion of Individual Private • Violation to Parking
3. Functions of Statute Rights Regulations
• Civil Law • Damage to Personal • Murder
- civil law codes provide the core of Property
the law
• Common Law
- common law statutes completes the CIVIL LAW vs. CRIMINAL LAW PENALTIES
case CIVIL LAW CRIMINAL LAW
• No Imprisonment • Imprisonment
RELATIONSHIP BETWEEN STATUTORY LAW AND • Compensatory Damages to the injured • Fines
CASE LAW party • Community Service
• Injunctive Relief • Restitution
• Statute laws are created by Congress • Punitive (Exemplary Damages)
through legislation.
• Case laws refers to the creation and
WHEN PROCEDURAL LAW TAKES EFFECT?
refinement of law in the course of
• Civil Law
judicial decisions.
◦ When any citizen brings the dispute to
the legal system
PRIVATE LAW AND PUBLIC LAW
• Criminal Law
PRIVATE LAW PUBLIC LAW
◦ When law enforcement agency and
• Among individual citizens • Between the State and the people prosecutors initiate a claim against a
• Matters within private sphere with • Actions of the State and its citizen (anticipating he/she will bring
no interference from the State agencies vis-a-vis the individual dispute to the legal system)
citizen
SUBSTANTIVE AND PROCEDURAL LAW
CIVIL LAW vs. CRIMINAL LAW “Substantive Law and Procedural Law play
CIVIL LAW CRIMINAL LAW equally important roles in our legal system”
• Private Law • Public Law - Walston-Dunham (2004)
• Governs relationships between • Relates to conduct disapproved
individual citizens by the State and by which it SUBSTANTIVE LAW PROCEDURAL LAW
seeks to control/eradicate
• Creates, defines, regulates • Adjective, procedural or
and resolves the issue remedial
• Private Rights • Public Rights
between parties • Prescribes method of
• Body, essence and enforcing the rights
CIVIL LAW vs. CRIMINAL LAW CASES substance that guide the • Guides parties fairly and
Group 3 – Barcelona, Macayana, Fadrigalan, Angeles, Guiling, Reyes
 conduct of citizens
• Principles of right and wrong
• Rights and duties of a citizen
TYPES OF PROCEDURAL LAW
• Rules of Civil Procedure
• Rules of Criminal Procedure
• Rules of Evidence
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efficiently through the legal
system
• Facilitates movement of a
lawsuit
• Ensures a fair and impartial
treatment
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