How Does A Bill Becomes A Law
How Does A Bill Becomes A Law
How Does A Bill Becomes A Law
I.
1. A bill is introduced by any member of the House of Representatives or the Senate except for some measures that must originate only in the former chamber
(Sec. 24, Art. VI, 1987 Phil. Cons. – ALL Appropriation, Revenue or Tariff bills, bills authorizing Increase of public debt, Bills of Local application, and Private bills –
ARILP, but the Senate may propose or concur with amendments)
2. Requisites of a proposed bill: One Title – One Subject rule, signed by the authors, filed with the Secretary of the House)
3. The Secretary reports the bill to either the Senate President or Speaker of the House, as the case may be
II. FIRST READING (One title- One Subject rule, Sec. 26 (1), Art. VI, 1987 Phil. Cons)
1. The bill will be read in its entirety, unless copies are distributed and such reading is dispensed with.
2. The bill will be subject to debates, motions, and amendments. The bill becomes a better bill
3. The bill will be voted on whether or not to approve it for the third reading
4. Note: after the approval of the bill in its second reading and at least 3 calendar days before its final passage or third reading, the bill is printed in its final form and
copies thereof shall be distributed to the members unless, the President certifies in writing as to the necessity of the immediate enactment of the bill to meet a
public calamity or emergency (Sec. 26 (2), Art. VI, 1987 Phil. Cons).
IV. THIRD READING (three readings and no amendment rule, Sec. 26 (2), Art. VI, 1987 Phil. Cons)
1. The members merely register their final votes on the approved bill and may explain them if they are so allowed by the rules especially when passing a controversial
bill.
2. The yeas and nays will be entered in the journal. If the NO vote wins, the proposed bill is dead.
3. No amendments or debates shall be allowed in this stage.
4. Under our constitution, each house of Congress has the power to approve bills by a mere majority vote, provided there is quorum, Sec. 16 (2), Art. VI, 1987 Phil.
Cons., G.R. No. 196271)
NOTES:
1. There can also be a simultaneous parallel discussion of a bill by both houses of congress, which usually happens on urgent legislative measures.
2. The mandatory three readings rule shall not be bypassed even by the President. In case of calamity and emergency, where President certifies in writing the
necessity of the immediate enactment of the bill, the President could demand that the readings should be done on the same day.
V. TRANSMITTAL (the bill will be sent to the other chamber where it will undergo the three mandatory readings, for concurrence.
NOTES:
1. Once the President approves and signs it, it takes effect as law after the required publications (Art. 2, RA 386, Civil Code of the Philippines)
2. Once the President disapproves it, he vetoes it and send it back to the House where it originated with his objections or recommendations.
2/3 of all members approves, it will be sent to the other house for approval
2/3 of the Other house approves, it shall become a law, AKA overriding votes of Congress.
Or, vetoed bill is repassed by Congress by 2/3 votes of all its members, each house voting separately.
3. Once the President did not act on the bill within 30 days after receipt, bill becomes a law or lapses into law, for instance the anti-short changing law.
REVIEW:
B. REPUBLIC ACT NO. 386 (AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES)
ARTICLE 2. Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation
in the Philippines, unless it is otherwise provided.
D. Enrolled bill – printed as finally approved by the Congress, thereafter authenticated with the signatures of the Senate President, the Speaker of the House, and the
Secretaries of their respective chambers.
E. Withdrawal of authentication
Speaker and Senate President may withdraw if there is discrepancy between the text of the bill as deliberated and enrolled bill.
As to the effect, it nullifies the enrolled bill, losses absolute verity, and courts may consult journals.
PRINCIPLES OR DOCTRINES IN STATUTORY CONSTRUCTION AND LATIN TERMS
1. Judicial doctrine – the judicial interpretation of a statute, which constitutes part of the law, merely establishes the contemporaneous legislative intent. It does not
amount to the passage of a new law but consists merely of a construction or interpretation of pre-existing one.
2. Processual presumption – where foreign law is not pleaded, or even if pleaded, is not proved, the presumption is that foreign law is the same as ours.
3. Verba legis – AKA Plain meaning rule. If the statute is clear, and free from ambiguity, it must be given its literal meaning and applied without interpretation
(Republic vs. Lacap, 517 SCRA 255)
4. Ut reg magis valeat quam pereat – AKA Totality rule. That construction is to be sought which gives effect to the whole of the statute – its every word, in order to
produce a harmonious whole.
5. A construction that gives to the language used in a statute a meaning that does not accomplish the purpose for which the statute was enacted should be rejected.
Between two statutory interpretations, that which better serves the purpose of the las should prevail. AKA Ratio legis est anima
6. When the reason of the law ceases, the law itself ceases. AKA Cessante ratione legis, cessat ipsa lex
7. Doctrine of necessary implications. What is implied in a statute is as much part thereof as that which is expressed
8. Casus Omissus pro omisso habendus est can operate and apply only if and when the omission has been clearly established
9. Stare decisis – follow past precedents and do not disturb what has been settled. Matters already decided on the merits cannot be relitigated again and again.
10. When the law does not distinguish, courts should not distinguish
11. General terms or provisions in a statute may be restrained and limited by specific and limited by specific terms or provisions with which they are associated.
12. Ejusdem generis – this rule teaches that broad and comprehensive expressions, such as “and all others”, or “any others are usually to be restricted to persons or
things “of the same kind” or “class” with those specially named in the preceding words.