Legislative Department
Legislative Department
Legislative Department
[ REPUBLIC ACT NO. 6645, December be held, the special election shall be held old. In terms of residence, the Senator
28, 1987 ] simultaneously with such general election. must be a resident of the Philippines for a
minimum of two years before the election
AN ACT PRESCRIBING THE MANNER SEC. 3. The Commission on Elections day. On the other hand, a member of the
OF FILLING A VACANCY IN THE shall send copies of the resolution, in House must be a resident for at least one
CONGRESS OF THE PHILIPPINES number sufficient for due distribution and year in the district where s/he will be
publication, to the Provincial or City elected.
Be it enacted by the Senate and House of Treasurer of each province or city
Representatives of the Philippines in concerned, who in turn shall publish it in Other qualifications to become a Senator
Congress assembled: their respective localities by posting at or a Representative of the Philippines are
least three copies thereof in as many the following: must be a natural born
SECTION 1. In case a vacancy arises in conspicuous places in each of their Filipino citizen, literate, and a registered
the Senate at least eighteen (18) months election precincts, and a copy in each of voter of the Philippines. The key
or in the House of Representatives at least the polling places and public markets, and differences between a member of the HoR
one (1) year before the next regular in the municipal buildings. and the Senate are as follows:
election for Members of Congress, the
Commission on Elections, upon receipt of SEC. 4. This Act shall take effect upon its Senate
a resolution of the Senate or the House of publication in the Official Gazette or in at
Representatives, as the case may be, least two newspapers of general Lawmakers in the Senate are called
certifying to the existence of such vacancy circulation. Senators regardless of gender. The Senate
and calling for a special election, shall hold is composed of 24 Senators who are
a special election to fill such vacancy. It What is the difference between a elected by the qualified voters of the
Congress is in recess, an official member of the House of Philippines for a term of six years.
communication on the existence of the Representatives (HoR) and a Senator? Members of the Senate are not allowed to
vacancy and call for a special election by serve for more than two consecutive terms.
In the legislation process, both chambers
the President of the Senate or by the are responsible for making or rejecting a Senators have a broader viewpoint on the
Speaker of the House of Representatives, law. Laws are submitted and approved by issues of the country since their
as the case may be, shall be sufficient for the lawmakers from the legislative branch constituency is on a national level. The
such purpose. The Senator or Member of of the Philippine government. Senate serves as a training ground for
the House of Representatives thus elected future national leaders such as the
shall serve only for the unexpired term. The legislative branch is composed of the members in the executive branch.
Congress which has two chambers; the
SEC. 2. The Commission on Elections Senate lead by the Senate President and The 1987 Philippine Constitution Article XI
shall fix the date of the special election, the House lead by a Speaker of the House. Section 3 (6) states that “the Senate shall
which shall not be earlier than forty-five In terms of qualifications, there are only have the sole power to try and decide all
(45) days nor later than ninety (90) days minor differences such as the age and the cases of impeachment. When sitting for
from the date of such resolution or length of residency. that purpose, the Senators shall be on oath
communication, stating among other things or affirmation. When the President of the
the office or offices to be voted for: For the age qualification, the Senator must Philippines is on trial, the Chief Justice of
Provided, however, That if within the said at least be 35 years old while a the Supreme Court shall preside, but shall
not vote. No person shall be convicted The House of Representatives (Filipino: Romualdez. The speaker of the House is
without the concurrence of two-thirds of all Kapulungan ng mga Kinatawan; Kamara third in the Philippine presidential line of
the Members of the Senate.” from the Spanish word cámara, meaning succession, after the vice president and
"chamber") is the lower house of the Senate president. The official
House of Representatives Congress, the bicameral legislature of the headquarters of the House of
The House is composed of not more than Philippines, with the Senate of the Representatives is at the Batasang
250 members. The 20 percent of its Philippines as the upper house. The lower Pambansa (literally "national legislature")
population must be composed of party-list house is commonly referred to as located in Batasan Hills, Quezon City. The
representatives as mandated by the Congress,[c] although the term collectively building is often simply called Batasan, and
constitution. refers to both houses.[1] the word has also become a metonym to
refer to the House of Representatives.
The Representatives are elected by the Members of the House are officially styled
voters in their respective legislative districts as representatives (Filipino: mga
for a term of three years. Members of HoR kinatawan) and are sometimes informally
called congressmen or congresswomen Electoral system
are not allowed to serve for more than
three consecutive terms. (Filipino: mga kongresista). They are The Philippines uses parallel voting for its
elected to a three-year term and can be lower house elections. For the 2022
The 1987 Philippine Constitution Article XI re-elected, but cannot serve more than elections, there will be 316 seats in the
Section 3 (1) states that “the House of three consecutive terms without an House; 253 of these are district
Representatives shall have the exclusive interruption of one term (e.g. serving one representatives, and 63 are party-list
power to initiate all cases of impeachment.” term in the Senate ad interim). Around representatives. The number of seats to be
A verified complaint for the impeachment 80% of congressmen are district disputed may change depending on the
can be filed by any member of the House representatives, representing specific creation of new congressional districts.
of Representatives or by any citizen upon a geographical areas. The 19th Congress
resolution or endorsement by any has 253[2] congressional districts. Party-list Philippine law mandates that there should
member”. representatives, who make up not more be one party-list representative for every
than twenty percent of the total number of four district representatives. District
The complaint will be included in the Order representatives, are elected through the representatives are elected under the
of Business within ten session days. After party-list system. plurality voting system from single-member
which, it will be referred to the proper districts. Party-list representatives are
Committee within three session days. “The Aside from needing its agreement to every elected via the nationwide vote with a 2%
Committee, after hearing, and by a majority bill before it is sent to the president for election threshold, with a party winning not
vote of all its Members, shall submit its signature to become law, the House of more than three seats. The party with the
report to the House within sixty session Representatives has the power to impeach most votes usually wins three seats, then
days from such referral, together with the certain officials and all franchise and the other parties with more than 2% of the
corresponding resolution. The resolution money bills must originate from the lower vote two seats. At this point, if all of the
shall be calendared for consideration by house. party-list seats are not filled up, the parties
the House within ten session days from with less than 2% of the vote will win one
receipt thereof” as stated in Article XI The House of Representatives is headed
by the House speaker (Filipino: ispiker). seat each until all party-list seats are filled
Section 3 (2) of the Philippine constitution. up.
The position is currently held by Martin
Political parties competing in the party-list July 25, 2022, the 19th Congress of the Membership
election are barred from participating Philippines shall elect among themselves
district elections, and vice versa, unless their leaders. There are two types of congressmen:
permitted by the Commission on Elections. those who represent geographic districts,
Party-lists and political parties participating Qualifications and those who represent party-lists. The
in the district elections may forge coalition first-past-the-post (simple plurality voting)
The qualifications for membership in the method is used to determine who
deals with one another. House are expressly stated in Section 6, represents each of the 243 geographic
Campaigning for elections from Art. VI of the 1987 Philippine Constitution districts. The party-list representatives are
congressional districts seats are decidedly as follows: elected via the party-list system. The
local; the candidates are most likely a part No person shall be a Representative party-list representatives should always
of an election slate that includes unless he/she is a natural-born citizen of comprise 20% of the seats.
candidates for other positions in the the Philippines, and on the day of the
locality, and slates may comprise different Originally set at 200 in the ordinance of the
election, is at least 25 years of age, able to 1987 constitution, the number of districts
parties. The political parties contesting the read and write, a registered voter except
election make no attempt to create a has grown to 243. All of the new districts
for a party-list representative, and a are via created via piecemeal redistricting
national campaign. resident of the country for not less than of the then existing 200 districts, and via
Party-list campaigning, on the other hand, one year immediately preceding the day of the creation of new provinces and cities.
is done on a national scale. Parties usually the election. The constitution gave Congress to
attempt to appeal to a specific The age is fixed at 25 and must be nationally redistrict the country after the
demographic. Polling is usually conducted possessed on the day of the elections, that release of every census, but this has not
for the party-list election, while pollsters is, when the polls are opened and the been done.
may release polls on specific district races. votes cast, and not on the day of the
In district elections, pollsters do not attempt The original 200 districts meant that there
proclamation of the winners by the board of should have been 50 party-list
to make forecasts on how many votes a canvassers.
party would achieve, nor the number of representatives. However, the constitution
seats a party would win; they do attempt to With regard to the residence requirements, did not give the specifics on how party-list
do that in party-list elections, though. it was ruled in the case of Lim v. Pelaez congressmen should have been elected.
that it must be the place where one This led to presidents appointing sectoral
Officers habitually resides and to which he, after representatives, which were then approved
absence, has the intention of returning. by the Commission on Appointments; only
The members of the House of a handful of sectoral representatives were
Representatives who are also its officers The enumeration laid down by the 1987 seated in this way. With the enactment of
are also ex officio members of all of the Constitution is exclusive under the Latin the Party-List System Act, the first party-list
committees and have a vote. principle of expressio unius est exclusio election was in 1998; with the 2% election
The leadership positions, except for the alterius. This means that Congress cannot threshold, a 3-seat cap and tens of parties
Secretary General and Sergeant-at-Arms, anymore add additional qualifications other participating, this led to only about a
are currently vacant. The terms of office of than those provided by the Constitution. fraction of the party-list seats being
the officers elected during the 18th distributed. Eventually, there had been
Congress ended on June 30, 2022. On several Supreme Court decisions changing
the way the winning seats are distributed, Congressional district Under the 1987 Constitution, the electorate
ensuring that all party-list seats are filled representation[edit] can vote for certain party-list organizations
up. in order to give voice to significant
Main article: Congressional districts of minorities of society that would otherwise
There were supposed to be 245 the Philippines not be adequately represented through
congressional districts that were to be geographical district. From 1987 to 1998,
disputed in the 2019 election, so there Eighty percent of representatives shall
come from congressional districts, with party-list representatives were appointed
were 61 party-list seats contested in the by the President.
party-list election. Elections in two of these each district returning one representative.
districts were delayed due to its creation The constitution mandates that every Since 1998, each voter votes for a single
right before campaigning. The Supreme province and every city with a population of party-list organization. Organizations that
Court ruled that one district be contested in 250,000 must have at least one garner at least 2% of the total number of
the next (2022) election, then the representative. Each legislative district, votes are awarded one representative for
Commission on Elections applied the regardless of population, has one every 2% up to a maximum of three
court's ruling to the other district, bringing congressman. For provinces that have representatives. Thus, there can be at
the number of districts to 243, while still more than one legislative district, the most 50 party-list representatives in
keeping the 61 party-list representatives, provincial districts are identical to the Congress, though usually no more than 20
for a total of 304 seats. corresponding legislative district, with the are elected because many organizations
exclusion of cities that do not vote for do not reach the required 2% minimum
Vacancies from representatives elected via provincial officials. If cities are divided into number of votes.
districts are dealt with special elections, multiple districts for city hall representation
which may be done if the vacancy occurred purposes, these are also used for After the 2007 election, in a controversial
less than a year before the next congressional representation. decision, the Supreme Court ordered the
regularly-scheduled election. Special COMELEC to change how it allocates the
elections are infrequently done; despite The representatives from the districts party-list seats. Under the new formula
several vacancies, the last special election comprise at most 80% of the members of only one party will have the maximum 3
was in 2023. For party-list representatives, the House; therefore, for a party to have a seats. It based its decision on a formula
the nominee next on the list is asked to majority of seats in the House, the party contained in the VFP vs. COMELEC
replace the outgoing representative; if the needs to win a larger majority of district decision. In 2009, in the BANAT vs.
nominee agrees, then that person would seats. No party since the approval of the COMELEC decision, it was changed anew
be sworn in as a member, if the nominee 1987 constitution has been able to win a in which parties with less than 2% of the
doesn't agree, then the nominee after that majority of seats, hence coalitions are not vote were given seats to fulfill the 20%
person is asked, and the process is uncommon. quota as set forth in the constitution.
repeated. Vacating party-list Party-list representation
representatives have always been Aside from determining which party won
replaced this way. Main article: Party-list representation in the and allocating the number of seats won per
House of Representatives of the party, another point of contention was
Philippines whether the nominees should be a
member of the marginalized group they are
The party-list system is the name supposed to represent; in the Ang Bagong
designated for party-list representation. Bayani vs. COMELEC decision, the
Supreme Court not only ruled that the through its Speaker customarily appoints a Since 1987, the creation of some new
nominees should be a member of the caretaker or legislative liaison officer to fill congressional districts have been met with
marginalized sector, but it also disallowed in the vacancy.[9] The caretaker cannot vote controversy, especially due to incumbent
major political parties from participating in in the name of the district that is being political clans and their allies benefiting
the party-list election. However, on the taken care of. from the new district arrangements. Some
BANAT decision, the court ruled that since of these new congressional districts are
the law didn't specify who belongs to a Redistricting tied to the creation of a new province,
marginalized sector, the court allowed Congress is mandated to reapportion the because such an act necessarily entails
anyone to be a nominee as long as the legislative districts within three years the creation of a new congressional district.
nominee as a member of the party (not following the return of every census.[10]
necessarily the marginalized group the Underrepresentation
Since its restoration in 1987, Congress has
party is supposed to represent). not passed any general apportionment law, Because of the lack of a nationwide
Sectoral representation despite the publication of six censuses in reapportionment after the publication of
1990, 1995, 2000, 2007, 2010 and 2015.[11] every census since the Constitution was
Prior to the enactment of the Party-list Act, The increase in the number of promulgated in 1987, faster-growing
the president, with the advice and consent representative districts since 1987 were provinces and cities have become severely
of the Commission on Appointments, mostly due to the creation of new underrepresented. Each legislative district
nominated sectoral representatives. These provinces, cities, and piecemeal is ideally supposed to encompass a
represented various sectors, from labor, redistricting of certain provinces and cities. population of 250,000.[17]
peasants, urban poor, the youth, women
and cultural communities. Their numbers The apportionment of congressional Powers
grew from 15 members in the 8th districts is not dependent upon a
specially-mandated independent The House of Representatives is modeled
Congress, to 32 in the 10th Congress. after the United States House of
government body, but rather through
In the Interim Batasang Pambansa, a Republic Acts which are drafted by Representatives; the two chambers of
sectoral election was held to fill up the members of Congress. Therefore, Congress have roughly equal powers, and
sectoral seats of parliament. apportionment often can be influenced by every bill or resolution that has to go
political motivations. Incumbent through both houses needs the consent of
Legislative caretakers representatives who are not permitted by both chambers before being passed for the
law to serve after three consecutive terms president's signature. Once a bill is
Under the Republic Act No. 6645 or "An defeated in the House of Representatives,
Act Prescribing the Manner of Filling a sometimes resort to dividing their district,
or even creating a new province which will it is lost. Once a bill is approved by the
Vacancy in the Congress of the House of Representatives on third reading,
Philippines", if a seat was vacated with at be guaranteed a seat, just so that their
allies be able to run, while "switching the bill is passed to the Senate, unless an
most 18 months prior to an election the exact identical bill has also been passed by
House of Representatives could request offices" with them. Likewise, politicians
whose political fortunes are likely to be the upper house. When a counterpart bill in
the Commission on Elections to hold a the Senate is different from the one passed
special election to fill in the vacancy. The jeopardized by any change in district
boundaries may delay or even ignore the by the House of Representatives, either a
law does not specify for a mechanism if the bicameral conference committee is created
seat was vacated within 18 months prior to need for reapportionment.
consisting of members from both chambers
an election. The House of Representatives
of Congress to reconcile the differences, or It must be noted that in accordance with However, under Joint Resolution No. 1, the
either chamber may instead approve the the above provisions, there is no salaries of the members of the Senate is
other chamber's version. prohibition against the receipt of increased to salary grade 33 with monthly
allowances by the members of Congress. equivalent rate of P35,000.00. The Senate
Just like most lower houses, franchise and The second section, on the other hand, President, on the other hand, is raised to
money bills originate in the House of seeks to avoid the recurrence of the salary grade 34 with a monthly basic salary
Representatives, but the Senate may still abuses committed by the members of the of P40,000.00.
propose or concur with amendments, same Old Congress in allotting themselves
with bills of local application and private fabulous allowances the amount of which Parliamentary Immunities
bills. The House of Representatives has they refused to divulge to the people. It is
the sole power to initiate impeachment A. Privilege from Arrest
now provided under the Constitution that
proceedings, and may impeach an official the books of accounts of Congress shall be One of the privileges that a member of
by a vote of one-third of its members. Once open to public inspection and must be Congress enjoys is the privilege from
an official is impeached, the Senate tries audited by the Commission on Audit. arrest. In this regard, Section 11, Article VI,
that official. Moreover, every member of Congress’ of the Constitution provides as follows:
Privileges of Senators itemized expenditures, including
allowances, shall be published annually for A Senator or Member of the House of
Salaries the information of the people. Representatives shall, in all offenses
punishable by not more than six years
The salaries of members of the Senate is It is interesting to note that the Constitution imprisonment, be privileged from arrest
governed by Article VI of the Constitution in Section 17, Article XVIII, provides the while the Congress is in session. No
as follows: corresponding salaries of Senators, to wit: member shall be questioned nor be held
liable in any other place for any speech or
Sec. 10. The salaries of Senators and Until the Congress provides otherwise, the debate in Congress or in any committee
Members of the House of Representatives President shall receive an annual salary of thereof.
shall be determined by law. No increase in three hundred thousand pesos; the
said compensation shall take effect until Vice-President, the President of the This privilege is intended to insure
after the expiration of the full term of all the Senate, the Speaker of the House of representation of the constituents by the
members of the Senate and the House of Representatives, and the Chief Justice of members of Congress. In Vera vs. Avelino,
Representatives approving such increase. the Supreme Court, two hundred forty the Supreme Court, quoting a decision of
thousand pesos each; the Senators, the the United States Supreme Court,
Sec. 20. The records and books of members of the House of Representatives, explained for whose benefit the right to
accounts of Congress shall be preserved the Associate Justices of the Supreme parliamentary immunity is secured:
and be open to the public in accordance Court, and the Chairmen of the
with law, and such books shall be audited Constitutional Commissions, two hundred These privileges are thus secured not with
by the Commission on Audit which shall four thousand pesos each; and the the intention of protecting the members
publish annually an itemized list of Members of the Constitutional against prosecutors for their own benefit,
amounts paid to and expenses incurred for Commissions, one hundred eighty but to support the rights of the people, by
each Member. thousand pesos each. enabling their representatives to execute
the function of their office without fear of
prosecution, civil or criminal.
A member of Congress could only be Sec. 11. A Senator or Member of the relation to the business before it. This
suspended by the House of which he is a House of Representatives shall, in all protection is extended to them during the
member and only for the purpose of offenses be punishable by not more than session on the occasion of the exercise of
self-preservation or self-protection. To six years imprisonment, be privileged from their functions either in their respective
protect a member of Congress from arrest while the Congress is in session. No chambers or in joint assembly, or in
oppression, even this power has been Member shall be questioned nor be held committees or commission. The purpose of
circumscribed by the 1935 Constitution and liable in any other place for any speech or this privilege of speech or debate is not to
further limited by the 1987 Constitution. debate in Congress or in any committee protect the members against prosecutions
thereof. for their own benefit but to enable them as
The rationale for this was expressed by the representatives of the people to execute
Supreme Court as early as 11 September 1.2 Rules of the Senate the functions of their office without fear of
1924 in Alejandrino vs. Quezon: prosecution, civil or criminal. As held in the
This is contained in Section 110, Rule XL,
It is noteworthy that the Congress of the Rules of the Senate, which provides as case of Osmeña v. Pendatun, the Supreme
United States shall not in all its long history follows: Court took the occasion of defining the
suspend a member. And the reason is purpose of the privilege. It ruled:
obvious. Punishment by way of reprimand Sec. 110. After the consideration of the
matters contained in the Calendar for Our Constitution enshrines parliamentary
or fine vindicates the outraged dignity of immunity which is a fundamental privilege
the House without depriving the Special Orders, a Senator may forthwith
request for and avail of the privilege to cherished in every legislative assembly of
constituency of representation; expulsion, the democratic world. As old as the English
when permissible, likewise vindicates the speak for one (1) hour on any matter of
public interest. Parliament, its purpose is to enable and
honor of the legislative body while giving to encourage a representative of the public to
the constituency an opportunity to elect If more than one (1) Senator wish to avail discharge his public trust with firmness and
anew; but suspension deprives the of the same privilege, the Senator who first success for it is indispensably necessary
electoral district of representation without announced his intention shall be given that he should enjoy the fullest liberty of
that district being afforded any means by priority. speech, and that he should be protected
which to fill the vacancy. By suspension, from the resentment of every one,
the seat remains filled, but the occupant is The period of time allowed in this section however, powerful, to whom the exercise of
silenced. may, upon motion of the Senator on the that liberty may occasion. Such immunity
floor be extended for such time as may be has come to this country from the practices
necessary for him to finish his speech of Parliament as construed and applied by
B. Privilege of Speech and Debate unless a majority of all the Senators vote the Congress of the United States. Its
against such extension. extent and application remain no longer in
1. Bases of the Privilege doubt insofar as related to the question
2. Purpose of the Privilege
before us. It guarantees the legislator
1.1. Constitutional Basis
Members of Congress cannot be complete freedom of expression without
Privilege speech is a parliamentary prosecuted for any words spoken in debate fear of being made responsible in criminal
privilege enjoyed by a Member of or in connection with voting or used in or civil actions before the courts or any
Congress provided for in Section 11, Article written reports or with things generally other forum outside of the Congressional
VI of the Constitution. It states as follows: done in a session of either House in hall. But it does not protect him from
responsibility before the legislative body
itself whenever his words and conduct are stands up on the floor ahead of the former, may, under his own responsibility, speak
considered by the latter disorderly or it has been held that an unwritten rule, against an absent fellow member. It is
unbecoming to a member thereof. sanctioned by immemorial practice, indecorous of the Senate during a privilege
establishes such a preference. A request speech.
3. Precedents and Practices for reservation to use the privilege hour on
a future date made on the floor by a In the exercise of his one- hour privilege, a
The following are some of the precedents member can speak on any subject of
and practices observed in the previous member is recorded in the Journal.
national interest, and he may even criticize
sessions of Congress concerning the The time of a member automatically the President on the appointment of certain
privilege speech: expires the moment he takes his seat and, persons to the government. But delivering
3.1. When It Can and When It Cannot consequently, he cannot answer questions speeches attacking the Chief Executive
unless an extension of his time is granted constitutes disorderly conduct for which a
It has been ruled that the privilege granted by unanimous consent. The one-hour member may be suspended or expelled
under this section cannot be availed of privilege can be extended only by from the House as a disciplinary action.
when the House has already proceeded to unanimous consent. The Chair sustained a point of order which
transact its business, such as the asked for deletion from the Record, as
consideration of bills. But in a certain case, 3.3. Decorum on Speech unparliamentary, parts of the privilege
when the House was already considering A member, availing himself of the privilege speech attacking the Catholic religion.
unfinished business or business for the hour, may refuse interpellations, but he
day, a member was permitted, through a 3.4. Interpellation
may be advised by the Chair not to use
motion unanimously approved, to deliver a any improper language. He should use a A member having the floor to avail himself
short speech on an important case in his language in conformity with the decorum of the privilege hour may refuse to yield to
province. A member availing himself of and dignity of the House. interpellation or yield for information. He
such a privilege was entitled to one full cannot be forced to yield to another so
hour. Having the floor on the privilege hour, The Chair entertained a motion to delete that, in turn, the latter can answer
he could not be forced to yield to from the Record a portion of a member’s questions.
interpellations. speech under the privilege hour as
unparliamentary for being against the It is in order for a member interpellating to
The one-hour privilege not having expired dignity and integrity of the members, and lay the premises of his question. He may
yet, a member, who requested only 10 when submitted by the Chair to the House, interpellate in the manner he so desires
minutes in order to deliver his speech, was the motion was approved. and use any of the official languages even
allowed to use the rest of the hour. He if different from that used by the member
could not be precluded from continuing When a member attacks the leadership of who has the floor. A member on the floor
with his speech until the one hour was the House, he may be declared out of using the remaining portion of the privilege
consumed. order and deprived of further use of the hour may stop yielding to further
privilege hour. interpellations.
3.2. On Request for Reservation
A member should, during the privilege The time consumed by interpellation is
On point of order whether preference be hour, refrain from making personal
given to a member who requests a counted against a member who has the
allusions to any member. In availing floor; that is the reason why he has the
previous reservation over any member who himself of the privilege hour, a member option to yield or not to questions.
A member who has the privilege hour may and only in its connection with that House
yield a portion of it to another member. could it be a matter of constitutional
3.5. Precedence and Interruption When a member ceded a portion of his importance. The Lords, of course, possess
The House sustained the Chair that after one-hour privilege, such a portion could the right equally with the Commons, and
the reading of the order of business, the not, without his consent, be extended to thus it is considered one of the common
one-hour privilege has precedence over more than the number of minutes agreed privileges of Parliament. But it seems
any other matters, such as question of upon. never to have been an issue with the
privilege. Lords. As Stubbs says, "he would have
A member using the remaining portion of been a bold King indeed who had
A member availing himself of the one-hour the privilege hour may refuse any attempted to stop discussion in the House
privilege may yield to further interpellation, interpellation in order to save the time left of Lords."
but he cannot be interrupted except by a for him.
point of order. He cannot be deprived of 4.2. To protect independence and integrity
3.7. Reference Speech of Congress and to reinforce separation of
the floor except with his consent, and he
may deliver his speech in such manner as The Chair entertained a motion to refer a powers.
he pleases as long as he speaks with due privilege speech to a committee after it had In U.S. vs. Johnson, Justice John Marshall
decorum. The Chair did not entertain a been delivered on the floor. Harlan said that the purpose of the speech
motion referring a one-hour privilege or debate clause is prophylactic, that it was
speech to a committee on the ground that 3.8. Stricken Off the Record
adopted by the Constitutional Convention
while a member is enjoying the privilege, On motion approved by the House, the (without discussion or opposition) because
he cannot be deprived of the floor except whole speech including interpellations, was of the English experience with the intent to
by a point of order. stricken off the record for being protect the independence and integrity of
3.6. Extension of Time unparliamentary. Congress and to reinforce the separation
of powers by preventing an unfriendly
After a member has consumed the During the privilege hour, the Chair motu executive and a hostile judiciary appointed
privilege hour, no extension of time for the proprio ordered stricken off the record the by the executive from reaching a
privilege can be granted if there is an word "dishonorable" uttered with reference congressional activity for evidence of
objection to the motion for such extension. to the members of the House by the criminality.
member interpellating.
An objection to a motion for extension of 4.3. Basis of corrective legislative
the one-hour privilege is not debatable. 4. Relevance measures.
The one-hour privilege can no longer be 4.1. No assured government by the people In practice, many subjects of privilege
extended when, after its delivery, the unless their representatives possess this speeches are the bases of consequent
member using the privilege sits down, privilege. appropriate committee investigations of
thereby forfeiting his right to continue. legislative bodies, and these may result to
There could be no assured government by
When a member sits down after the corrective measures being filed on the
the people, unless their representatives
expiration of his one-hour privilege, his basis of such committee investigations. It
had unquestioned possession of this
time can no longer be extended. appears to be co-extensive with the range
privilege. Thus, only the House of
of legislative power, like the range of
Commons was concerned in its vindication,
legislative inquiry together with its After the privilege speech of a Senator, Suspension and Disqualification
limitations. another member was recognized on a
question of personal privilege to clarify Manner of Imposing Discipline
4.4. To voice out dissent, the essence of certain matters in which he participated
democracy. Section 16(3), Article VI of the Constitution
and which was left out in the privilege provides the manner in which members of
It is the best outlet of the people and of the speech of the former. the Senate may be disciplined, suspended
opposition to ventilate anomalies in A member rose to speak on a question of or expelled. It provides as follows:
govern-ment and misgovernment, to personal privilege as his name was linked
express their concerns and sentiments thru Each House may determine the rules of its
in a news item which was considered as a proceedings, punish its Members for
their representatives in legislative bodies. malicious publication.
In short, to voice out dissent is the essence disorderly behavior, and with the
of democracy. Franking Privilege concurrence of two-thirds of all its
Members, suspend or expel a Member. A
5. Scope of Privilege Speech: Republic Act No. 69 remains a good law. It penalty of suspension, when imposed,
expressly grants members of Congress the shall not exceed sixty days.
Personal and Collective transmission free of charge within the
Philippines of mail matters. Sections 1 and Rules of proceedings are needed for the
A question of privilege consists of a orderly conduct of the sessions of
question affecting the rights of the Senate 2 of this law provide as follows:
Congress. Unless such rules violate
collectively or of its members individually All mail matter of Senators and of fundamental or individual rights, they are
including its privileges, reputation, conduct, members of the House of Representatives within the exclusive discretion of each
decorum, dignity and integrity of of the Philippines, addressed for delivery House to formulate and interpret and may
proceedings. within the Philippines, shall be received, not be judicially reversed.
A Senator may rise to a question of transmitted and delivered in the mails of
the Philippines free of postage: Provided, Without the above provision, the authority
personal privilege at any time, but he to discipline its members can still be
cannot interrupt or take another Senator That each such mail matter when
addressed to persons or offices other than exercised by each House as an inherent
from the floor for that purpose without the power, with the concurrence of a majority
latter’s consent. However, the reading of government officers or offices shall not
exceed one hundred and twenty grams in vote, conformably to the general rule on
the Journal cannot be interrupted by a the will of the majority. With this provision,
question of personal privilege neither can a weight.
the disciplinary power is not so much
question of privilege be raised when there The envelope or wrapper of such mail expressly conferred as limited because of
is no quorum or when the roll is being matter shall bear on the left upper corner the specific conditions laid down for its
called. the name and official designation of the proper exercise.
Under this provision, a member of the official sending the mail matter, and the
words "Senate of the Philippines," or Thus, the courts may annul any expulsion
Senate may raise a question of privilege by or suspension of a member that is not
a statement or remark on the floor and if "House of Representatives," as the case
may be, and on the right upper corner the concurred in by at least two-thirds of the
sustained by the Chair, the member is entire body or any suspension meted out
entitled to speak. words "Penalty for private or unauthorized
use to avoid payment of postage, by the legislature, even with the required
P500.00." two-thirds vote, as to any period in excess
of the 60-day maximum duration. These thereof, including any government-owned before the Securities and Exchange
are procedural matters and therefore or controlled corporation, or its subsidiary, Commission. He desisted when his
justiciable. during his term of office. He shall not representation was challenged under the
intervene in any matter before any office of above-mentioned section. Thereafter, he
But the interpretation of the phrase the Government for his pecuniary benefit purchased P200 worth of stocks in the
"disorderly behavior" is the prerogative of or where he may be called upon to act on corporation from the faction he was
Congress and cannot as a rule be judicially account of his office. representing and sought to intervene in the
reviewed. The matter comes in the said dispute, this time as a stockholder.
category of a political question. Appearance of the legislator is now barred The Supreme Court did not allow him to do
Accordingly, the Supreme Court did not before all courts of justice, regardless of so as his evident purpose was to
interfere when the legislature declared that rank, composition, or jurisdiction. The circumvent the constitutional prohibition.
the physical assault by one member disqualification also applies to the revived Justice Melencio Herrera declared:
against another, or the delivery of a Electoral Tribunal and to all administrative
derogatory speech which the member was bodies, like the Securities and Exchange Under those facts and circumstances, we
unable to substantiate, constituted Commission and the National Labor are constrained to hold that there has been
"disorderly behavior" and justified the Relations Commission. Courts martial and an indirect appearance as counsel before
adoption of disciplinary measures. military tribunals, being administrative xxx an administrative body’ and in our
agencies, are included. opinion, that is circumvention of the
Other disciplinary measures besides constitutional prohibition. The intervention
expulsion and suspension are deletion of The purpose of the disqualifications is to was an afterthought to enable him to
unparliamentary remarks from the record, prevent the legislator from exerting undue appear actively in the proceeding in some
fine, imprisonment and censure, influence, deliberately or not, upon the other capacity. To believe the avowed
sometimes called "soft impeachment." body where he is appearing. The pressure purpose, that is, to enable him eventually
may not be intended; normally, the to vote and to be elected as Director in the
Inhibitions and Disqualifications appearance is enough, considering the event of an unfavorable outcome of the
The Constitution provides in Section 14, powers available to the legislator which he SEC case, would be pure naivete. He
Article VI the grounds of inhibitions and can exercise to reward or punish a judge would still appear as counsel indirectly.
disqualifications for members of Congress. deciding his case or, in the case of the
Electoral Tribunal, his close association Legislators are prohibited from being
It provides as follows: with its members. This is the reason the financially interested in any contract with
prohibited appearance must be personal. the government or any subdivision, agency
No Senator or member of the House of The lawyer-legislator may still engage in or instrumentality thereof, including
Representatives may personally appear as the practice of his profession except that government-owned or controlled
counsel before any court of justice or when it comes to trials and hearings before corporations, or in any franchise or special
before the Electoral Tribunals, or the bodies above-mentioned, appearance privilege granted by any of these during
quasi-judicial and other administrative may be made not by him but by other their term of office, because of the
bodies. Neither shall he, directly or members of his law office. influences they can easily exercise in
indirectly, be interested financially in any obtaining these concessions. The idea is to
contract with, or in any franchise or special In Puyat v. De Guzman, a legislator, prevent abuses from being committed by
privilege granted by the Government, or entered his appearance as counsel for one the members of Congress to the prejudice
any subdivision, agency, or instrumentality of the parties to an intra corporate dispute of the public welfare and particularly of
legitimate contractors with the government requiring them to make known at the outset The prohibition against the holding of an
who otherwise might be placed at a their financial and business connections or incompatible office is not absolute; what is
disadvantageous position vis-à-vis the investments, it is hoped that their potential not allowed is the simultaneous holding of
legislator. for self-aggrandizement will be reduced that office and the seat in Congress. In the
and they will be prevented from using their case of the rest of the legislators, any of
It should be noted, though, that not every official positions for ulterior purposes. In them may hold another office or
transaction with the government is barred some countries, businessmen are required employment in the government provided
by this provision. The contracts referred to to unload their stockholdings as these he forfeits, as a result, his position in
here are those involving "financial interest," might affect their official acts or at least Congress.
that is, contracts from which the legislator lead to suspicion of chicanery or
expects to derive some profit at the impropriety in the discharge of their duties Forfeiture of the legislator’s seat, or
expense of the government. An illustration in the government. cessation of his tenure, shall be automatic
is a contract for public works or the sale of upon the holding of the incompatible office.
office equipment or supplies to the Incompatible and Forbidden Offices Thus, a congress-man who was elected
government. By contrast, it cannot be said provincial governor was deemed to have
that the legislator will profit financially from Under Section 13, Article VI of the automatically forfeited his seat in the
a contract of carriage with a government Constitution, it states some other House of Representatives when he took
instrumentality like the PAL since it is the disqualifications by which a member of his oath for the provincial office. No
carrier that will benefit from the Congress may hold office, to wit: resolution was necessary to declare his
passenger’s fare. Sec. 13. No Senator or Member of the legislative post vacant.
The last sentence restores an inhibition House of Representatives may hold any In Adaza v. Pacana, the petitioner and the
originally imposed by the 1935 other office or employment in the respondent were elected governor and
Constitution. Although this provision has Government, or any subdivision, agency, vice-governor, respectively, of Misamis
never been judicially interpreted, it may be or instrumentality thereof, including Oriental. Both subsequently ran for the
surmised that the rule shall apply to the government-owned or controlled Batasang Pambansa, but only the
case, say, of the chairman of the corporations or their subsidiaries, during petitioner won. Adaza then qualified as a
committee on banks serving as legislative his term without forfeiting his seat. Neither member of the lawmaking body,
consultant for a private bank. shall he be appointed to any office which whereupon Pacana assumed the
may have been created or the emoluments governorship as statutory successor.
Conflict of Interests thereof increased during the term for which Adaza challenged Pacana’s takeover,
he was elected. contending that under the parliamentary
The provisions in Section 12, Article VI of
the Constitution are intended to ensure the The first part of this section refers to what system a legislator could concurrently
probity and objectivity of the members of are known as incompatible offices, which serve as governor; hence, there was no
Congress. may not be held by the legislator during his vacancy in the governorship that Pacana
tenure in Congress. The purpose is to could fill. Through Justice Escolin, the
There are some persons who may be prevent him from owing loyalty to another Court unanimously rejected this argument
tempted to run for Congress not because branch of the government, to the detriment and held that Adaza automatically forfeited
of a desire to serve the people but of the independence of the legislature and the governorship the moment he took his
precisely for the protection or even the doctrine of separation of powers. oath as a member of the Batasang
enhancement of their own interests. By Pambansa.
The constitutional prohibition against a purely parliamentary system of government But even if a member of Congress is willing
member of the Batasang Pambansa from no incompatibility exists in the nature of the to forfeit his seat therein, he may not be
holding any other office or employment in two offices under consideration, as appointed to any civil office in the
the government during his tenure is clear. incompatibility herein present is one government that has been created or the
Section 10, Article VIII of the 1973 created by no less than the Constitution emoluments thereof have been increased
Constitution provides as follows: itself. In the case at bar, there is no while he was incumbent in the legislature.
question that petitioner has taken his oath Such a position is a forbidden office.
Sec. 10. A Member of the National of office as an elected Mambabatas
Assembly shall not hold any other office or Pambansa and has been discharging his The purpose is to prevent trafficking in
employment in the government or any duties as such. In the light of the public office. Were the rule otherwise,
subdivision, agency or instrumentality oft-mentioned constitutional provision, this certain legislators, especially those not
thereof, including government-owned or fact operated to vacate his former post and sure of reelection, might be able to work for
controlled corporations, during his tenure, he cannot now continue to occupy the the creation or improvement of lucrative
except that of prime minister or member of same, nor attempt to discharge its positions and, in combination with the
the cabinet. xxx functions. President, arrange for their appointment
thereto in order to provide for their future
The language used in the above-cited But not every other office or employment is security at the expense of the public
section is plain. The only exceptions to be regarded as incompatible with the service.
mentioned therein are the offices of prime legislative position. For example,
minister and cabinet member. The wisdom membership in the Electoral Tribunal is Notably, this provision does not apply to
or expediency of the said provision is a permitted by the Constitution itself. elective offices, which are filled by the
matter which is not within the province of Moreover, if it can be shown that the voters themselves.
the Court to determine. second office is an extension of the The appointment of a member of Congress
A public office is a public trust. It is created legislative position or is in aid of legislative to the forbidden office is not allowed only
for the interest and the benefit of the duties, the holding thereof will not result in during the term for which he was elected,
people. As such, a holder thereof is subject the loss of the legislator’s seat in when such office was created or its
to such regulations and conditions as the Congress. emoluments were increased. After such a
law may impose and he cannot complain of Accordingly, the chairmen of the Senate term, and even if the legislator is reelected,
any restrictions which public policy may and House committees on education retain the disqualification no longer applies and
dictate on his holding of more than one their seats in Congress while sitting he may therefore be appointed to the
office. It is therefore of no avail to petitioner concurrently as ex-officio members in the office.
that the system of government in other U.P. Board of Regents. Legislators who
states allows a local elective official to act Legislative Sessions
serve as treaty negotiators under the
as an elected member of the parliament at President of the Philippines continue to sit The Constitution provides that Congress
the same time. The dictate of the people in in Congress, where they can better work shall convene for its regular session every
whom legal sovereignty lies is explicit. It for the approval of the treaty and the year beginning on the 4th Monday of July.
provides no exceptions save the two passage of the needed implementing A regular session can last until thirty days
offices specifically cited in the legislation. before the opening of its next regular
above-quoted constitutional provision. session in the succeeding year. The
Thus, while it may be said that within the president may, however, call special
sessions which are usually held between of Representatives to appear and answer departments and agencies transmit to the
regular legislative sessions to handle questions pertaining to their department. House and the Senate drafts of proposed
emergencies or urgent matters. legislations to carry out the President’s
There shall be a question hour at least program.
Quorum once a month or as often as the rules of
the National Assembly may provide, which Introduction of Bills
In Congress of the Philippines, half of the shall be included in its agenda, during
membership (13 in the Senate and 159 in which the Prime Minister or any Minister No matter where a legislative proposal
the House of Representatives) is needed may be required to appear and answer originates, it can be introduced only by a
to muster a quorum. If someone contests questions and interpellations by Members member of Congress. In the Senate, a
the lack of quorum, a roll call shall be of the National Assembly. member may introduce any of several
done, and if there is indeed less than a types of bills and resolutions by filing it with
majority of members present, the meeting Preliminary Procedures the Office of the Secretary.
shall be adjourned.
The procedures for introducing There is no limit to the number of bills
Both majority and minority blocs in legislation and seeing it through a member may introduce. House and
Congress have used the lack of quorum in committees are similar in both the House Senate bills may have joint sponsorship
defeating bills that they do not want to be of Representatives and the Senate. and carry several members' names.
passed without putting it to a vote. After an
election during the lame-duck session, Legislative proposals originate in a Major legislation is often introduced in
quorums are notoriously difficult to muster, number of different ways. Members of the both houses in the form of companion
more so in the House of Representatives Senate, of course, develop ideas for (identical) bills, the purpose of which is to
as winning incumbents may opt to go on legislation. Technical assistance in speed up the legislative process by
vacation, and defeated incumbents may research and drafting legislative language encouraging both chambers to consider
opt to not to show up. is available at the Senate Legislative the measure simultaneously. Sponsors of
Technical Affairs Bureau. Special interest companion bills may also hope to
The Commission on Appointments (CA) is groups—business, religious, labor, urban dramatize the importance or urgency of the
vested by the 1987 Philippine Constitution and rural poor, consumers, trade issue and show broad support for the
with the power to approve or disapprove association, and the like—are other fertile legislation.
appointments made by the President of the sources of legislation. Constituents, either
Philippines, the confirmation of which is as individuals or groups, also may propose Types of Legislation
required under the Constitution. legislation. Frequently, a member of the The type of measures that Congress
Senate will introduce such a bill by request, may consider and act upon (in addition to
What is question hour in the whether or not he supports its purposes.
Philippines? treaties in the Senate) include bills and
It must be noted also that much of the three kinds of resolutions. They are:
According to Santiago, the "question hour" needed legislation of the country today
is provided for by Article VI, Section 22 of 1. Bills
considered by Congress originates from
the Constitution. Under this provision, the the executive branch. Each year after the These are general measures, which if
head of a department of the Executive may President of the Philippines outlines his passed upon, may become laws. A bill is
be requested by the Senate or the House legislative program in his prefixed with S., followed by a number
State-of-the-Nation Address, executive assigned the measure based on the order
in which it is introduced. The vast majority 4. Simple Resolutions There are committee hearings scheduled
of legislative proposals––recommendations to discuss the bills referred. Committee
dealing with the economy, increasing It is usually designated with P. S. Res. A members and staff frequently are experts
penalties for certain crimes, regulation on simple resolution deals with matters in the subjects under their jurisdiction, and
commerce and trade, etc., are drafted in entirely within the prerogative of one it is at the committee stage that a bill
the form of bills. They also include house of Congress, such as adopting or comes under the sharpest scrutiny. If a
budgetary appropriation of the government receiving its own rules. A simple measure is to be substantially revised, the
and many others. When passed by both resolution is not considered by the other revision usually occurs at the committee
chambers in identical form and signed by chamber and is not sent to the President level.
the President or repassed by Congress for his signature. Like a concurrent
over a presidential veto, they become laws. resolution, it has no effect and force of a A committee may dispose of a bill in
law. Simple resolutions are used one of several ways: it may approve, or
2. Joint Resolutions occasionally to express the opinion of a reject, the legislation with or without
single house on a current issue. amendments; rewrite the bill entirely; reject
A joint resolution, like a bill, requires the Oftentimes, it is also used to call for a it, which essentially kills the bill; report it
approval of both houses and the signature congressional action on an issue affecting favorably or without recommendation,
of the President. It has the force and effect national interest. which allows the chamber to consider the
of a law if approved. There is no real bill at all. It must be noted that under
difference between a bill and a joint Bill Referrals Section 29, Rule XI of the Rules of the
resolution. The latter generally is used Senate, if the reports submitted are
when dealing with a single item or issue, Once a measure has been introduced
and given a number, it is read and referred unfavorable, they shall be transmitted to
such as a continuing or emergency the archives of the Senate, unless five
appropriations bill. Joint resolutions are to an appropriate committee. It must be
noted that during the reading of the bill, Senators shall, in the following session,
also used for proposing amendments to move for their inclusion in the Calendar for
the Constitution. only the title and the author is read on the
floor. The Senate President is responsible Ordinary Business, in which case the
3. Concurrent Resolutions for referring bills introduced to appropriate President shall so order.
committees. Committee Reports
A concurrent resolution is usually
designated in the Senate as S. Ct. Res. It The jurisdictions of the Standing A committee report describes the
is used for matters affecting the Committees are spelled out in Rule X, purpose and scope of the bill, explains any
operations of both houses and must be Section 13 of the Rules of the Senate. For committee amendments, indicates
passed in the same form by both of them. example, if a bill involves matters relating proposed changes in existing law and such
However, they are not referred to the to agriculture, food production and other materials that are relevant. Moreover,
President for his signature, and they do agri-business, it must be referred to the reports are numbered in the order in which
not have the force of law. Concurrent Committee on Agriculture and Food. they are filed and printed.
resolutions are used to fix the time of
adjournment of a Congress and to In Committee
express the “sense of Congress” on an The standing committees of the
issue. Senate, operating as “little legislatures,”
determine the fate of most proposals.
Calendaring for Floor Debates: (b) Sponsorship by the committee passed by the Senate and transmitted to
Consideration of, and Debates on Bills chairman, or by any member designated the House usually goes to a committee,
by the committee. unless a House bill on the same subject
Under Section 45 of Rule XVI of the Rules has already been reported out by the
of the Senate, the Senate shall have three (c) If a debate ensues, turns for and against appropriate committee and placed on the
calendars, to wit: the bill shall be taken alternately: Provided, calendar.
however, That any committee member who
A “Calendar for Ordinary Business," in fails to enter his objection or to make of Under normal procedures, therefore, a
which shall be included the bills reported out record his dissenting vote after it shall have bill passed by one chamber and
by the committees in the order in which they been included in the Order of Business and transmitted to the other is referred to the
were received by the Office of the read to the Senate in accordance with the appropriate committee, from which it must
Secretary; the bills whose consideration has second paragraph of Section 24 hereof, follow the same route to passage as a bill
been agreed upon by the Senate without shall not be allowed to speak against the bill originating from that chamber.
setting the dates on which to effect it; and during the period of general debate
also the bills whose consideration has been although he may propose and speak or vote Amendments may be offered at both
postponed indefinitely; on amendments thereto. the committee and floor action stages, and
the bill as it emerges from the second
A “Calendar for Special Orders,” in which (d) The sponsor of the bill or author of the chamber may differ significantly from the
the bills and resolutions shall be arranged motion shall have the right to close the version passed by the first. A frequently
successively and chronologically, according debate. used procedure when this occurs is for the
to the order in which they were assigned for chamber that acts last to bring up the other
consideration; and (e) With the debate closed, the chamber’s bill and substitute its own
consideration of amendments, if any, shall version, then retaining only the latter’s bill
A “Calendar for Third Reading,” in which be in order.
shall be included all bills and joint number. That numbered bill, containing the
resolutions approved on second reading. (f) After the period of amendments, the Senate and House version, is then sent to
voting of the bill on Second Reading. a conference committee to resolve all
Thus, a bill which has a committee differences.
report can be referred to the “Calendar for (g) Bills shall be submitted to final vote by
Ordinary Business.” It may again be moved yeas and nays after printed copies thereof Conference Committee Action
to its “Special Order of Business” for in final form have been distributed to the Calling a Conference
priority action. Members at least three (3) days prior to
their passage, except when the President of Either chamber can request a
On the other hand, the consideration the Philippines certifies to the necessity of conference once both have considered the
and debate of bills and resolutions are their immediate enactment to meet a public same legislation. Generally, the chamber
spelled out in Rule XXV, Section 71 of the calamity or emergency, in which case the that approved the legislation first will
Rules of the Senate. It provides as follows: voting on Third Reading may take place disagree to the amendments made by the
Sec. 71. The Senate shall adopt the immediately after second reading. second body and will make a request that
following procedure in the consideration of a conference be convened. Sometimes,
After the bill is approved on Third however, the second body will ask for a
bills and joint resolutions: Reading, it will be submitted to the House conference immediately after it has passed
(a) Second reading of the bill. of Representatives for consideration. A bill
the legislation, assuming that the other Once a conference committee First Reading
chamber will not accept its amendments. completes its works, it can now be
submitted to the floor for its approval. Its title, bill number, and author’s name
Selection of Conferees Debate on conference reports is highly are read on the floor, after which it is referred
privileged and can interrupt most other to the proper committee.
Under the Rules of the Senate (Rule
XII, Section 34), the Senate President shall business. Committee Hearings/Report
designate the members of the Senate Approval of the conference report by
panel in the conference committee with the Committee conducts hearings and
both houses, along with any amendments consultation meetings. It then either
approval of the Senate. The Senate on disagreement, constitutes final approval
delegation to a conference can range in approves the proposed bill without an
of the bill. amendment, approves it with changes, or
size from three to a larger number,
depending on the length and complexity of Final Legislative Action recommends substitution or consolidation
the legislation involved. with similar bills filed.
After both houses have given final
Authority of Conferees approval to a bill, a final copy of the bill, Calendaring for Second Reading
known as the “enrolled bill,” shall be The Committee Report with its approved
The authority given to the Senate printed, and certified as correct by the
conferees theoretically is limited to matters bill version is submitted to the Committee on
Secretary of the Senate and the Secretary Rules for calendaring for Second Reading.
in disagreement between the two General of the House of Representatives.
chambers. They are not authorized to After which, it will be signed by the Second Reading
delete provisions or language agreed to by Speaker of the House and the Senate
both the House and the Senate as to draft President. Bill author delivers sponsorship speech
entirely new provisions. on the floor. Senators engage in debate,
A bill may become a law, even without interpellation, turno en contra, and rebuttal to
In practice, however, the conferees the President’s signature, if the President highlight the pros and cons of the bill. A
have wide latitude, except where the does not sign a bill within 30 days from period of amendments incorporates
matters in disagreement are very specific. receipt in his office. A bill may also become necessary changes in the bill proposed by
Moreover, conferees attempt to reconcile a law without the President’s signature if the committee or introduced by the Senators
their differences, but generally they try to Congress overrides a presidential veto by themselves on the floor.
grant concession only insofar as they two-thirds vote.
remain confident that the chamber they Voting on Second Reading
represent will accept the compromise.
Senators vote on the second reading
The Conference Report Summary of how a bill becomes a law: version of the bill. If approved, the bill is
calendared for third reading.
When the conferees have reached Filing/Calendaring for First Reading
agreement on a bill, the conference Voting on Third Reading
committee staff writes a conference report A bill is filed in the Office of the
indicating changes made in the bill and Secretary where it is given a Printed copies of the bill’s final version
explaining each side’s actions. corresponding number and are distributed to the Senators. This time,
calendared for First Reading. 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 Article VI, Section 27 (2) of the a committee formed by it, retains a "right"
House of Representatives for concurrence. Constitution of the Philippines or "power" to approve or disapprove such
regulations before they take effect. As
At the House of Representatives The President shall have the power to veto such, a legislative veto in the form of a
any particular item or items in an congressional oversight committee is in the
The Lower Chamber follows the same appropriation, revenue, or tariff bill, but the
procedures (First Reading, Second Reading form of an inward-turning delegation
veto shall not affect the item or items to designed to attach a congressional leash
and Third Reading). which he does not object. (other than through scrutiny and
Back to the Senate The president may refuse to sign a bill, investigation) to an agency to which
sending the bill back to the house where it Congress has by law initially delegated
If the House-approved version is broad powers. It radically changes the
compatible with that of the Senate’s, the originated along with his objections.
Congress can override the veto via a 2/3 design or structure of the Constitution's
final version’s enrolled form is printed. If diagram of power as it entrusts to
there are certain differences, a Bicameral vote with both houses voting separately, after
which the bill becomes law.[85] The president Congress a direct role in enforcing,
Conference Committee is called to reconcile applying or implementing its own laws.
conflicting provisions of both versions of the may also exercise a line-item veto on money
Senate and of the House of bills.[85] The president does not have a pocket “Initiative” is the power of the people to
Representatives. Conference committee veto: once the bill has been received by the propose amendments to the Constitution
submits report on the reconciled version of president, the chief executive has thirty days and to propose the enactment of laws, or
the bill, duly approved by both chambers. to veto the bill. Once the thirty-day period the approval or rejection of any act or law
The Senate prints the reconciled version in expires, the bill becomes law as if the or part thereof passed by the Congress or
its enrolled form. president had signed it.[ local legislative body.
Submission to Malacañang Permanent members use the veto to defend “Referendum” is the electoral process by
their national interests, to uphold a tenet of which a proposal to enact laws, or approve
Final enrolled form is submitted to their foreign policy or, in some cases, to or reject any act or law or part thereof
Malacañang. The President either signs it promote a single issue of particular passed by the Congress or local legislative
into law, or vetoes and sends it back to the importance to a state. body is approved or rejected by the people
Senate with veto message. through an election called for the purpose.
The doctrine of "inappropriate
The Constitution vests upon and mandates provision" enunciates, among others, that
Congress to enact appropriation measures "when the legislature inserts inappropriate
for government expenditure whether provisions in a general appropriation bill,
domestic or foreign. such provisions must be treated as 'items'
for purposes of the [Governor's] item veto
If there are certain differences, a Bicameral power over general appropriation bills."
Conference Committee is called to
reconcile conflicting provisions of both Legislative veto is a statutory provision
versions of the Senate and of the House of requiring the President or an administrative
Representatives. Conference committee agency to present the proposed
submits report on the reconciled version of implementing rules and regulations of a
the bill, duly approved by both chambers. law to Congress which, by itself or through