Вы находитесь на странице: 1из 12

Legislative Process

Preliminary Procedures
Introduction of Bills
Types of Legislation
Bill Referrals
In Committee
Committee Reports
Calendaring for Floor Debates
Conference Committee Action
Final Legislative Action
Summary

Preliminary Procedures

The procedures for introducing legislation and seeing it through committees are
similar in both the House of Representatives and the Senate.
Legislative proposals originate in a number of different ways. Members of the
Senate, of course, develop ideas for legislation. Technical assistance in research and
drafting legislative language is available at the Senate Legislative Technical Affairs
Bureau. Special interest groupsbusiness, religious, labor, urban and rural poor,
consumers, trade association, and the likeare other fertile sources of legislation.
Constituents, either as individuals or groups, also may propose legislation. Frequently, a
member of the Senate will introduce such a bill by request, whether or not he supports its
purposes.
It must be noted also that much of the needed legislation of the country today
considered by Congress originates from the executive branch. Each year after the
President of the Philippines outlines his legislative program in his State-of-the-Nation
Address, executive departments and agencies transmit to the House and the Senate drafts
of proposed legislations to carry out the Presidents program.
back to top

Introduction of Bills
No matter where a legislative proposal originates, it can be
introduced only by a member of Congress. In the Senate, a member
may introduce any of several types of bills and resolutions by filing it
with the Office of the Secretary.

There is no limit to the number of bills a member may introduce.


House and Senate bills may have joint sponsorship and carry several
members' names.
Major legislation is often introduced in both houses in the form of
companion (identical) bills, the purpose of which is to speed up the
legislative process by encouraging both chambers to consider the
measure simultaneously. Sponsors of companion bills may also hope to
dramatize the importance or urgency of the issue and show broad
support for the legislation.
back to top

Types of Legislation
The type of measures that Congress may consider and act upon (in
addition to treaties in the Senate) include bills and three kinds of
resolutions. They are:
1. Bills
These are general measures, which if passed upon, may become
laws. A bill is prefixed with S., followed by a number assigned the
measure based on the order in which it is introduced. The vast majority
of legislative proposalsrecommendations dealing with the economy,
increasing penalties for certain crimes, regulation on commerce and
trade, etc., are drafted in the form of bills. They also include budgetary
appropriation of the government and many others. When passed by
both chambers in identical form and signed by the President or
repassed by Congress over a presidential veto, they become laws.
2. Joint Resolutions
A joint resolution, like a bill, requires the approval of both houses
and the signature of the President. It has the force and effect of a law if
approved. There is no real difference between a bill and a joint
resolution. The latter generally is used when dealing with a single item
or issue, such as a continuing or emergency appropriations bill. Joint
resolutions are also used for proposing amendments to the
Constitution.
3. Concurrent Resolutions

A concurrent resolution is usually designated in the Senate as S. Ct.


Res. It is used for matters affecting the operations of both houses and
must be passed in the same form by both of them. However, they are
not referred to the President for his signature, and they do not have
the force of law. Concurrent resolutions are used to fix the time of
adjournment of a Congress and to express the sense of Congress on
an issue.
4. Simple Resolutions
It is usually designated with P. S. Res. A simple resolution deals
with matters entirely within the prerogative of one house of Congress,
such as adopting or receiving its own rules. A simple resolution is not
considered by the other chamber and is not sent to the President for
his signature. Like a concurrent resolution, it has no effect and force of
a law. Simple resolutions are used occasionally to express the opinion
of a single house on a current issue. Oftentimes, it is also used to call
for a congressional action on an issue affecting national interest.
back to top

Bill Referrals
Once a measure has been introduced and given a number, it is
read and referred to an appropriate committee. It must be noted that
during the reading of the bill, only the title and the author is read on
the floor. The Senate President is responsible for referring bills
introduced to appropriate committees.
The jurisdictions of the Standing Committees are spelled out in
Rule X, Section 13 of the Rules of the Senate. For example, if a bill
involves matters relating to agriculture, food production and agribusiness, it must be referred to the Committee on Agriculture and
Food.
back to top

In Committee
The standing committees of the Senate, operating as little
legislatures, determine the fate of most proposals. There are
committee hearings scheduled to discuss the bills referred. Committee

members and staff frequently are experts in the subjects under their
jurisdiction, and it is at the committee stage that a bill comes under
the sharpest scrutiny. If a measure is to be substantially revised, the
revision usually occurs at the committee level.
A committee may dispose of a bill in one of several ways: it may
approve, or reject, the legislation with or without amendments; rewrite
the bill entirely; reject it, which essentially kills the bill; report it
favorably or without recommendation, which allows the chamber to
consider the bill at all. It must be noted that under Section 29, Rule XI
of the Rules of the Senate, if the reports submitted are unfavorable,
they shall be transmitted to the archives of the Senate, unless five
Senators shall, in the following session, move for their inclusion in the
Calendar for Ordinary Business, in which case the President shall so
order.
back to top

Committee Reports
A committee report describes the purpose and scope of the bill,
explains any committee amendments, indicates proposed changes in
existing law and such other materials that are relevant. Moreover,
reports are numbered in the order in which they are filed and printed.
back to top

Calendaring for Floor Debates: Consideration of, and Debates


on Bills
Under Section 45 of Rule XVI of the Rules of the Senate, the Senate
shall have three calendars, to wit:
A Calendar for Ordinary Business," in which shall be included the bills
reported out by the committees in the order in which they were
received by the Office of the Secretary; the bills whose consideration
has been agreed upon by the Senate without setting the dates on
which to effect it; and also the bills whose consideration has been
postponed indefinitely;

A Calendar for Special Orders, in which the bills and resolutions shall
be arranged successively and chronologically, according to the order in
which they were assigned for consideration; and
A Calendar for Third Reading, in which shall be included all bills and
joint resolutions approved on second reading.
Thus, a bill which has a committee report can be referred to the
Calendar for Ordinary Business. It may again be moved to its
Special Order of Business for priority action.
On the other hand, the consideration and debate of bills and
resolutions are spelled out in Rule XXV, Section 71 of the Rules of the
Senate. It provides as follows:
Sec. 71. The Senate shall adopt the following procedure in the
consideration of bills and joint resolutions:
(a) Second reading of the bill.
(b) Sponsorship by the committee chairman, or by any member
designated by the committee.
(c) If a debate ensues, turns for and against the bill shall be taken
alternately: Provided, however, That any committee member who fails
to enter his objection or to make of record his dissenting vote after it
shall have been included in the Order of Business and read to the
Senate in accordance with the second paragraph of Section 24 hereof,
shall not be allowed to speak against the bill during the period of
general debate although he may propose and speak or vote on
amendments thereto.
(d) The sponsor of the bill or author of the motion shall have the right
to close the debate.
(e) With the debate closed, the consideration of amendments, if any,
shall be in order.
(f) After the period of amendments, the voting of the bill on Second
Reading.
(g) Bills shall be submitted to final vote by yeas and nays after printed
copies thereof in final form have been distributed to the Members at
least three (3) days prior to their passage, except when the President
of the Philippines certifies to the necessity of their immediate
enactment to meet a public calamity or emergency, in which case the

voting on Third Reading may take place immediately after second


reading.
After the bill is approved on Third Reading, it will be submitted to
the House of Representatives for consideration. A bill passed by the
Senate and transmitted to the House usually goes to a committee,
unless a House bill on the same subject has already been reported out
by the appropriate committee and placed on the calendar.
Under normal procedures, therefore, a bill passed by one chamber
and transmitted to the other is referred to the appropriate committee,
from which it must follow the same route to passage as a bill
originating from that chamber.
Amendments may be offered at both the committee and floor
action stages, and the bill as it emerges from the second chamber may
differ significantly from the version passed by the first. A frequently
used procedure when this occurs is for the chamber that acts last to
bring up the other chambers bill and substitute its own version, then
retaining only the latters bill number. That numbered bill, containing
the Senate and House version, is then sent to a conference committee
to resolve all differences.
back to top

Conference Committee Action


Calling a Conference
Either chamber can request a conference once both have
considered the same legislation. Generally, the chamber that approved
the legislation first will disagree to the amendments made by the
second body and will make a request that a conference be convened.
Sometimes, however, the second body will ask for a conference
immediately after it has passed the legislation, assuming that the
other chamber will not accept its amendments.
Selection of Conferees
Under the Rules of the Senate (Rule XII, Section 34), the Senate
President shall designate the members of the Senate panel in the
conference committee with the approval of the Senate. The Senate
delegation to a conference can range in size from three to a larger

number, depending on the length and complexity of the legislation


involved.
Authority of Conferees
The authority given to the Senate conferees theoretically is limited
to matters in disagreement between the two chambers. They are not
authorized to delete provisions or language agreed to by both the
House and the Senate as to draft entirely new provisions.
In practice, however, the conferees have wide latitude, except
where the matters in disagreement are very specific. Moreover,
conferees attempt to reconcile their differences, but generally they try
to grant concession only insofar as they remain confident that the
chamber they represent will accept the compromise.
The Conference Report
When the conferees have reached agreement on a bill, the
conference committee staff writes a conference report indicating
changes made in the bill and explaining each sides actions.
Once a conference committee completes its works, it can now be
submitted to the floor for its approval. Debate on conference reports is
highly privileged and can interrupt most other business.
Approval of the conference report by both houses, along with any
amendments on disagreement, constitutes final approval of the bill.
back to top

Final Legislative Action


After both houses have given final approval to a bill, a final copy of
the bill, known as the enrolled bill, shall be printed, and certified as
correct by the Secretary of the Senate and the Secretary General of the
House of Representatives. After which, it will be signed by the Speaker
of the House and the Senate President.
A bill may become a law, even without the Presidents signature, if
the President does not sign a bill within 30 days from receipt in his
office. A bill may also become a law without the Presidents signature if
Congress overrides a presidential veto by two-thirds vote.

back to top

Summary
The following is a summary of how a bill becomes a law:
Filing/Calendaring for First Reading
A bill is filed in the Office of the Secretary where it is given a
corresponding number and calendared for First Reading.
First Reading
Its title, bill number, and authors name are read on the floor, after
which it is referred to the proper committee.
Committee Hearings/Report
Committee conducts hearings and consultation meetings. It then
either approves the proposed bill without an amendment, approves it
with changes, or recommends substitution or consolidation with similar
bills filed.
Calendaring for Second Reading
The Committee Report with its approved bill version is submitted to
the Committee on Rules for calendaring for Second Reading.
Second Reading
Bill author delivers sponsorship speech on the floor. Senators
engage in debate, interpellation, turno en contra, and rebuttal to
highlight the pros and cons of the bill. A period of amendments
incorporates necessary changes in the bill proposed by the committee
or introduced by the Senators themselves on the floor.
Voting on Second Reading
Senators vote on the second reading version of the bill. If
approved, the bill is calendared for third reading.
Voting on Third Reading

Printed copies of the bills final version are distributed to the


Senators. This time, only the title of the bill is read on the floor.
Nominal voting is held. If passed, the approved Senate bill is referred
to the House of Representatives for concurrence.
At the House of Representatives
The Lower Chamber follows the same procedures (First Reading,
Second Reading and Third Reading).
Back to the Senate
If the House-approved version is compatible with that of the
Senates, the final versions enrolled form is printed. If there are certain
differences, a Bicameral Conference Committee is called to reconcile
conflicting provisions of both versions of the Senate and of the House
of Representatives. Conference committee submits report on the
reconciled version of the bill, duly approved by both chambers. The
Senate prints the reconciled version in its enrolled form.
Submission to Malacaang
Final enrolled form is submitted to Malacaang. The President
either signs it into law, or vetoes and sends it back to the Senate with
veto message.

LEGISLATIVE PROCESS
HOW A BILL BECOMES A LAW
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.

PREPARATION OF THE BILL


FIRST READING
COMMITTEE CONSIDERATION / ACTION
SECOND READING
THIRD READING
TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
SENATE ACTION ON APPROVED BILL OF THE HOUSE
CONFERENCE COMMITTEE
TRANSMITTAL OF THE BILL TO THE PRESIDENT
PRESIDENTIAL ACTION ON THE BILL
ACTION ON APPROVED BILL
ACTION ON VETOED BILL

1.

2.

PREPARATION OF THE BILL


The Member or the Bill Drafting Division of the Reference and Research Bureau
prepares and drafts the bill upon the Member's request.
FIRST READING

1.

The bill is filed with the Bills and Index Service and the same is numbered
and reproduced.

2.

Three days after its filing, the same is included in the Order of Business
for First Reading.

3.

On First Reading, the Secretary General reads the title and number of the
bill. The Speaker refers the bill to the appropriate Committee/s.

3.
1.

COMMITTEE CONSIDERATION/ACTION
The Committee where the bill was referred to evaluates it to determine the
necessity of conducting public hearings.
If the Committee finds it necessary to conduct public hearings, it schedules the time
thereof, issues public notics and invites resource persons from the public and private
sectors, the academe and experts on the proposed legislation.
If the Committee finds that no public hearing is not needed, it schedules the bill for
Committee discussion/s.

2.

Based on the result of the public hearings or Committee discussions, the


Committee may introduce amendments, consolidate bills on the same subject matter, or
propose a subsitute bill. It then prepares the corresponding committee report.

3.

The Committee approves the Committee Report and formally transmits


the same to the Plenary Affairs Bureau.

4.
1.

SECOND READING
The Committee Report is registered and numbered by the Bills and Index
Service. It is included in the Order of Business and referred to the Committee on Rules.

2.

The Committee on Rules schedules the bill for consideration on Second


Reading.

3.

On Second Reading, the Secretary General reads the number, title and text
of the bill and the following takes place:

a.

Period of Sponsorship and Debate

b.

Period of Amendments

c.

Voting which may be by:

i.

viva voce

ii.

count by tellers

iii.

division of the House; or

iv.

nominal voting

2.

THIRD READING

1.

The amendments, if any, are engrossed and printed copies of the bill are
reproduced for Third Reading.

2.

The engrossed bill is included in the Calendar of Bills for Third Reading
and copies of the same are distributed to all the Members three days before its Third
Reading.

3.

On Third Reading, the Secretary General reads only the number and title
of the bill.

4.

A roll call or nominal voting is called and a Member, if he desires, is given


three minutes to explain his vote. No amendment on the bill is allowed at this stage.

a.

The bill is approved by an affirmative vote of a majority of the Members present.

b.

If the bill is disapproved, the same is transmitted to the Archives.

2.

TRANSMITTAL OF THE APPROVED BILL TO THE SENATE


The approved bill is transmitted to the Senate for its concurrence.

3.

SENATE ACTION ON APPROVED BILL OF THE HOUSE


The bill undergoes the same legislative process in the Senate.

4.

CONFERENCE COMMITTEE

1.

A Conference Committee is constituted and is composed of Members from


each House of Congress to settle, reconcile or thresh out differences or disagreements on
any provision of the bill.

2.

The conferees are not limited to reconciling the differences in the bill but
may introduce new provisions germane to the subject matter or may report out an entirely
new bill on the subject.

3.

The Conference Committee prepares a report to be signed by all the


conferees and the Chairman.

4.

The Conference Committee Report is submitted for


consideration/approval of both Houses. No amendment is allowed.

5.

6.

TRANSMITTAL OF THE BILL TO THE PRESIDENT


Copies of the bill, signed by the Senate President and the Speaker of the House of
Representatives and certified by both the Secretary of the Senate and the Secretary
General of the House, are transmitted to the President.
PRESIDENTIAL ACTION ON THE BILL

1.

If the bill is approved the President, the same is assigned an RA number


and transmitted to the House where it originated.

2.

If the bill is vetoed, the same, together with a message citing the reason for
the veto, is transmitted to the House where the bill originated.

7.

ACTION ON APPROVED BILL


The bill is reproduced and copies are sent to the Official Gasette Office for publication
and distribution to the implementing agencies. It is then included in the annual
compilation of Acts and Resolutions.

8.

ACTION ON VETOED BILL


The message is included in the Order of Business. If the Congress decides to override the
veto, the House and the Senate shall proceed separately to reconsider the bill or the
vetoed items of the bill. If the bill or its vetoed items is passed by a vote of two-thirds of
the Members of each House, such bill or items shall become a law.

NOTE: A joint resolution having the force and effect of a law goes
through the same process.

Вам также может понравиться