I.

INTRODUCTION

EVOLUTION OF THE PHILIPPINE LEGISLATIVE SYSTEM1

The Philippine legislative system has undergone a series of evolutions that reflected the
sociopolitical conditions of the times and the level of political maturity of society.
It began with the unicameral Malolos Congress of the short-lived Philippine Republic of
1898-1899, followed by the Philippine Commission of 1901, a colonial legislative system
composed of all-American appointees. This body then evolved into a bicameral,
predominantly elective, Filipino-controlled legislature by virtue of the Jones Act of 1916, and
lasted until November 1935 when the semi-independent Commonwealth Government was
inaugurated. A unicameral National Assembly replaced the bicameral body after the 1935
Philippine Constitution was ratified. In 1941, the Constitution was amended, again restoring
the bicameral legislature that came to be called the Congress of the Philippines.
Except during the Japanese-sponsored Philippine Republic from 1942-1945, the Congress
functioned as the national legislature until September 1972 when President Ferdinand E.
Marcos placed the country under martial law.

THE BATASANG PAMBANSA - A UNICAMERAL LEGISLATURE

When martial law was declared, the Constitutional Convention, by virtue of an Act of
Congress in 1971, was in the process of drafting a new Constitution. The final draft was
adopted by the Convention on November 29, 1972. This was ratified and proclaimed by
President Marcos on January 17, 1973 amidst widespread protest and controversy. With the
proclamation of a new Constitution, the presidential form of government was changed to a
modified parliamentary form. Congress was abolished and was replaced by an elected
unicameral National Assembly, known as Batasang Pambansa.

The Batasang Pambansa was made up of a maximum of 200 Members elected from
different provinces with their component cities, highly urbanized cities and districts of
Metropolitan Manila, appointed representatives from various sectors such as the youth,
agricultural and industrial labor sectors, and those chosen by the President from the
members of the Cabinet. The Members had a term of six years.

THE PRESENT PHILIPPINE CONGRESS

THE FEBRUARY 1986 REVOLUTION PEOPLE POWER REVOLUTION

1986 EDSA Revolution The world-famed bloodless coup of February 22-25, 1986 ushered in
a new political regime. President Corazon Aquino, backed by a coalition of forces from both
ends of the political spectrum, forged a new government, triggering a chain of events that

1
https://legacy.senate.gov.ph/about/legpro.asp
dramatically changed the political landscape of the country and signaled the rebirth of
democracy. These political changes were: the abolition of the Batasang Pambansa following
the proclamation of a new revolutionary government; the organization of a Constitutional
Commission that drafted a new charter which, in turn, was ratified in February 1987; the
rebirth of the old bicameral system; and the election of Members to the new Congress.

THE NEW CONGRESS

The new Congress has the biggest membership and is probably the most powerful among
its predecessor legislatures. The Constitutional Commission (ConCom) clothed it with vast
powers to perform a wider and more dynamic role. This fact is partly reflected in the
Charter itself, which devotes 32 sections to the legislative department compared with only
23 for the executive and 16 for the judicial departments.

The new bicameral Congress consists of the Senate and the House of Representatives. The
upper chamber or the Senate is composed of 24 Members elected at-large by the qualified
voters of the Philippines. On the other hand, the lower chamber or the House of
Representatives is composed of "not more than 250 Members, who are elected from
legislative districts apportioned among the provinces, cities and the Metropolitan Manila
area in accordance with the number of inhabitants, and on the basis of a uniform and
progressive ratio and those, as provided by law, elected through a party-list system of
registered national, regional and sectoral parties or organizations". [Sec. 5(1), Art. VI, 1987
Philippine Constitution]”

III. DEFINITION OF TERMS2

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 proposals––recommendations 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

2
1987 Constitution; Article VI -The Legislative Department
Section 27

1.Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same he shall
sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the
objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such
House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be
reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of
each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its
Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of
receipt thereof, otherwise, it shall become a law as if he had signed it.
2. The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff bill, but the veto
shall not affect the item or items to which he does not object
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.

Bills are prefixed with HB when introduced in the House and SB when introduced in the
Senate.

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. However, it does not have the
same weight as a law.3 Joint resolutions are generally used when dealing with a single item
or issue, such as a continuing or emergency appropriations bill. They 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

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.

5. Executive Order

Executive orders according to Book III, Title I, Chapter II, Section 2 of Administrative Code
of 1987, refer to the "Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or statutory powers." Executive
Order No. 292, which instituted the Administrative Code of 1987, is an example of an
executive order.
3
https://www.congress.gov.ph/about/?about=history
6. Administrative Orders

Administrative orders according to Book III, Title I, Chapter II, Section 3 of Administrative
Code of 1987, refer to the "Acts of the President which relate to particular aspects of
governmental operations in pursuance of his duties as administrative head shall be
promulgated in administrative orders.

III. SUMMARY OF HOW A BILL BECOMES A LAW4

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 author’s 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.

4
In the case of the NARS Party-list, the Supreme Court ruled that Joint Resolution No. 4, which authorized salary
modifications for government employees, could not override or amend existing laws such as the Philippine Nursing
Act (RA 9173). This decision affirmed that joint resolutions, while significant, cannot supersede established
legislation (https://www.philstar.com/headlines/2019/10/09/1958787/sc-holds-government-nurses-should-be-salary-
grade-15)
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 bill’s 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 Senate’s, the final version’s
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 Malacañang

Final enrolled form is submitted to Malacañang. The President either signs it into law or
vetoes and sends it back to the Senate with veto5 message.

ORDINANCE POWER OF THE PRESIDENT6

5
https://www.officialgazette.gov.ph/1987/07/25/executive-order-no-292-book-iiititle-ichapter-2-ordinance-power/
6
1987 Constitution; Article VI -The Legislative Department
Section 26.
1. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title
thereof.
2. No bill passed by either House shall become a law unless it has passed three readings on separate days, and
printed copies thereof in its final form have been distributed to its Members three days before its passage,
except when the President certifies to the necessity of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and the vote thereon
shall be taken immediately thereafter, and the yeas and nays entered in the Journal.
Section 27.
3. Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he
approves the same he shall sign it; otherwise, he shall veto it and return the same with his objections to the
House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider
The President of the Philippines has the power to give executive issuances, which are means to
streamline the policy and programs of an administration. There are six issuances that the President
may issue. They are the following as defined in the Administrative Code of 1987:

Executive orders — Acts of the President providing for rules of a general or permanent character in
implementation or execution of constitutional or statutory powers shall be promulgated in executive
orders.

Administrative orders — Acts of the President which relate to particular aspects of governmental
operations in pursuance of his duties as the administrative head shall be promulgated in
administrative orders.

Proclamations — Acts of the President fixing a date or declaring a status or condition of public
moment or interest, upon the existence of which the operation of a specific law or regulation is made
to depend, shall be promulgated in proclamations which shall have the force of an executive order.

Memorandum orders — Acts of the President on matters of administrative detail, or of subordinate

or temporary interest which only concern a particular officer or government office shall be embodied
in memorandum orders.

Memorandum circulars — Acts of the President on matters relating to internal administration,

which the President desires to bring to the attention of all or some of the departments, agencies,
bureaus, or offices of the government, for information or compliance, shall be embodied in
memorandum circulars.

General or special orders — Acts and commands of the President in his capacity as commander-in-
chief of the Armed Forces of the Philippines shall be issued as general or special orders.

It is important to note that during the term of President Ferdinand E. Marcos, he used executive
issuances known as presidential decrees as a form of legislation. These decrees have the full force
and effect of laws because at the time the legislature did not exist and, when the 1973 Constitution
was put into full force and effect, it gave the power to the President to do as such. This continued
until the first year of President Corazon C. Aquino’s term. However, President Aquino opted to used
executive orders instead of presidential decrees. President Aquino’s executive orders, however, still
had the full force and effect of laws until the ratification of the 1987 Constitution.

it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it
shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered,
and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the
votes of each House shall be determined by yeas or nays, and the names of the Members voting for or
against shall be entered in its Journal. The President shall communicate his veto of any bill to the House
where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if
he had signed it.
4. The President shall have the power to veto any particular item or items in an appropriation, revenue, or
tariff bill, but the veto shall not affect the item or items to which he does not object.
Prepared by:

Datuin, Marry Grace M.

Dominguiano, Julia Michaela M.
Tamo, Lory Mae C.