Structure of the Philippine Government
If the President is
The Philippines is a republic with a presidential form of
government wherein power is equally divided among its three
branches: executive, legislative, and judicial. The government
seeks to act in the best interests of its citizens through this
system of check and balance.
One basic corollary in a presidential system of government is
the principle of separation of powers wherein legislation belongs
to Congress, execution to the Executive, and settlement of legal
controversies to the Judiciary.
The Legislative branch is authorized to make laws, alter, and
repeal them through the power vested in the Philippine
Congress. This institution is divided into the Senate and the
House of Representatives.
The Legislative Branch enacts legislation, confirms or rejects
Presidential appointments, and has the authority to declare war.
This branch includes Congress (the Senate and House of
Representatives) and several agencies that provide support
services to Congress.
The Senate is composed of 24 Senators who are elected at
large by the qualified voters of the Philippines.
The House of Representatives is composed of about 250
members elected from legislative districts in the provinces,
cities, and municipalities, and representatives elected through a
party-list system of registered national, regional, and sectoral
parties or organizations.
The party-list representatives shall constitute twenty per cent of
the total number of representatives including those under the
party list. For three consecutive terms after the ratification of this
Constitution, one-half of the seats allocated to party-list
representatives shall be filled, as provided by law, by selection
or election from the labor, peasant, urban poor, indigenous
cultural communities, women, youth, and such other sectors as
may be provided by law, except the religious sector.
The Eecutive branch is composed of the President and the
Vice President who are elected by direct popular vote and serve
a term of six years. The Constitution grants the President
authority to appoint his Cabinet. These departments form a large
portion of the country’s bureaucracy.
The executive branch carries out and enforces laws. It includes
the President, Vice President, the Cabinet, executive
departments, independent agencies, boards, commissions, and
committees.
The President leads the country. He or she is the head of state,
leader of the national government, and Commander-in-Chief of
all armed forces of the Philippines. The President serves a six-
year term and cannot be re-elected.
The Vice President supports the President.
unable to serve, the Vice President becomes President. He or
she also serves a six-year term.
Cabinet members serve as advisors to the President. They
include the Vice President and the heads of executive
departments. Cabinet members are nominated by the President
and must be confirmed by the Commission of Appointments.
The Judicial branch holds the power to settle controversies
involving rights that are legally demandable and enforceable.
This branch determines whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction
on the part and instrumentality of the government. It is made up
of a Supreme Court and lower courts.
The judicial branch interprets the meaning of laws, applies laws
to individual cases, and decides if laws violate the Constitution.
The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.
Each branch of government can change acts of the other
branches as follows:
 The President can veto laws passed by
Congress.
 Congress confirms or rejects the President's
appointments and can remove the President
from office in exceptional circumstances.
 The Justices of the Supreme Court, who can
overturn unconstitutional laws, are appointed by
the President.
The Constitution expressly grants the Supreme Court the power
of Judicial Review as the power to declare a treaty, international
or executive agreement, law, presidential decree, proclamation,
order, instruction, ordinance or regulation unconstitutional.
Process of Law Implementation
In legislation, a bill refers to a draft proposal for the creation of a
specific law that shall be implemented in the country. And just
like any country with a similar government structure, a bill does
not become a law in the Philippines unless it is passed by the
two houses of Congress—the House of Representatives and
the Senate.
Once signed by the President, the bill is deemed enacted,
becoming an act or a law. It will eventually be implemented by
the respective agency in the executive branch of the
government under the Office of the President. So, how exactly
does a bill become a law?
The Lawmaking Process in the Philippines
1. The bill is prepared.
2. The House of Representatives has its first reading.
3. A Committee Consideration/Action session is held.
4. The House of Representatives has its second reading.
5. The House of Representatives has its third reading. After the referral of the bill, the committee where the bill was
6. The approved bill is transmitted to the Senate. referred to will determine if there is a need to conduct public
7. A conference committee is assembled. hearings or not.
8. The bill is transmitted to the President of the Philippines to be  If yes: Should it be decided that there is a need to conduct a
signed and passed. public hearing, the committee then schedules the hearing,
sends public notices containing the agenda as well as the time
and venue of the hearing, and invites relevant resource persons
from the government and the private sector and special interest
groups to the meeting for their input.
1.
 If no: On the other hand, should it be decided by the committee
that there is no need to conduct a public hearing, they will just
schedule the bill for committee discussions.

From the result of the public hearings or committee discussions,

the bill may be amended, consolidated (if there are other similar
bills filed), or be substituted with another bill by the committee.

A committee report is prepared after. Chiefly, a committee report

designates the “purpose and scope of the bill, explains any
committee amendments, indicates proposed changes in existing
law and such other materials that are relevant,” per the Senate
website.

Once the report is approved by the committee, it will be

Preparation of the Bill
transmitted to the office which handles the processing of bills or
As senators and representatives engage with their constituents,
resolutions and the documentation of plenary proceedings and
ideas for laws may come up. If lawmakers decide that solutions
debates in the plenary.
to the concerns of their constituents can be addressed by
passing a law, they carefully study the ideas and write them into
bills. Individuals and groups may also draft bills and ask their
4. Second Reading
lawmakers to file them in Congress.
The Committee Report is registered and numbered by the Bills
and Index Service and then included in the Order of Business
and referred to the Committee on Rules, which has jurisdiction
Furthermore, the president of the Philippines also outlines his or
over all matters affecting the rules of the Senate or the House of
her legislative agenda during the annual State of the Nation
Representatives, the calendar, parliamentary rules, the order
Address (SONA). Different executive departments and agencies
and manner of transacting business, and the creation of
under the president will draft the relevant bills in support of the
committees. The Committee on Rules is headed by the Majority
agenda of the president and transmit them to Congress for
Leader of the Senate and the House of Representatives as
legislative action.
chairperson.

2. First Reading
The bill is then scheduled for consideration on Second Reading.
Once the bill is finalized, it is filed with the Bills and Index Service
This is one of the most challenging stages in passing a bill.
and is numbered and reproduced. Three days after its filing, the
During the Second Reading, the Secretary of the Senate or the
proposed measure is included in the Order of Business for First
Secretary General of the House of Representatives reads the
Reading in the session. The session hall is where all lawmakers
number, title, and text of the bill.
convene for a plenary session.

Upon motion of the Majority Floor Leader, the floor will be

During the First Reading, the secretary of either the House of
opened for the Period of Sponsorship and Debate wherein the
Representatives or the Senate reads the number and title of the
Committee Chairman reads the Sponsorship Speech for the bill.
bill. Then, the presiding officer—President of the Senate or
This will be followed by the interpellation or debate wherein the
Speaker of the House of Representatives—refers the bill to the
sponsor defends the merit of the proposed bill before his or her
appropriate committee.
colleagues in session.

3. Committee Consideration/Action
Once the period of Sponsorship and Debate is closed, the
Period of Amendments is opened, wherein other lawmakers can
propose the specific wordings, stylistics, and intents that they
want to be included in the final version of the bill.
After the amendments, the bill’s approval for Second Reading
will be voted on by all legislators of the house. Voting can be
done either by viva voce (“aye” and "nay”), count by tellers,
division of the house, or nominal voting.
5. Third Reading
After the Second Reading, the amendments proposed by the
legislators are absorbed. Printed copies of the bill are then
reproduced for Third Reading. The bill is then included in the
Calendar of Bills for Third Reading and the copies are distributed
to all the members three days before its reading in the plenary.
On the actual day, the secretary reads only the number and title
of the bill. Then, upon motion of the Majority Leader, the roll call
or nominal voting is called. By nominal voting, all the members
cast their "yes" or "no" vote orally to the proposed measure and
are given time to explain their vote. Amendments are no longer
allowed during the Third Reading.
If the bill got a majority vote, it is considered approved. If it got
disapproved, it is transmitted to the Archives of the Senate or
the House of Representatives.
6. Transmittal of the Approved Bill to the Counterpart House
The Philippine Congress is a bicameral legislature composed of
two co-equal houses: The House of Representatives and the
Senate. Thus, a bill cannot become a law unless each house
has given its nod on the proposed measure.
Once a bill is approved, for example, at the House of
Representatives, it is then transmitted to the Senate for its
concurrence and undergoes the same process in the Senate.
The same is also true when the Senate passes a bill, it transmits
it to the House of Representatives for its concurrence.
7. Conference Committee
Granting that the bill has also passed in the other house of
Congress, there are instances when the versions of both houses
differ from each other. As entities that must produce a single
output being one of its primary duties as the legislative branch
of the Philippine government, both houses will sit down with
each other in a bicameral Conference Committee meeting.
The Conference Committee shall be composed of Members of
the House of Representatives and the Senate, who will “settle,
reconcile or thresh out differences on any provision of the bill.”
Aside from reconciling the differences in each version of the
bills, the members of the committee may also introduce new, but
relevant, provisions in the bill.
Thereafter, a Conference Committee Report is prepared for the
signature of the Chairman and the members of the committee.
This report shows the changes made in the bill and explaining
the action of each side of the members of both houses. What
follows is the submission of the report to both houses for
approval.
However, it's important to remember that there are bills wherein
the Senate will just adopt the version of the House of
Representatives, and vice-versa, so the need for a Conference
Committee is no longer necessary.
8. Transmittal of the Bill to the President of the Philippines
The approved bill, signed by the Speaker of the House of
Representatives and the President of the Senate and certified
by the Secretary General of the House of Representatives and
the Secretary of the Senate, is transmitted to the Office of the
President. The President has three options on what to do with
the bill:
 Sign and pass the bill: The bill is assigned with a Republic Act
number and becomes a law.
 Veto the bill: By refusing to sign, the bill is sent back to the
House of Representatives, along with the reasons for the veto.
If both houses of Congress decide that the bill or any of its
vetoed provisions should still become a law, they will separately
hold a vote. If two-thirds (2/3) of the members of both houses
voted for support of the bill, the President’s veto is overridden.
Therefore, the bill becomes a law.
 Pocket veto the bill:The President may do nothing with the bill.
However, even with the inaction of the chief executive, the bill
automatically becomes a law after thirty days (while Congress is
still in session).
The bill is reproduced and copies are sent to the Official Gazette
Office for publication and distribution to the implementing
agencies. It is then included in the annual compilation of Acts
and Resolutions. Then, the concerned agencies of the executive
branch of government will finally work on the Implementing
Rules and Regulation (IRR) of the law.
Lawmaking Is a Participatory Process
As a citizen of this country, it is important that you are aware of
the process that takes place in the creation of laws that affect
your daily life and the future generation of Filipinos.
This way, when you feel that a bill will not be beneficial for the
country, you know how and when to step up and talk with your
representatives or senators about your concern and convince
them not to support its passage.
After all, lawmaking is a participatory process and the power of
the government emanates from the people.
Repeal of Laws
Art. 7, New Civil Code. Laws are repealed only by subsequent
ones, and their violation or non observance shall not be excused
by disuse,or custom or practice to the contrary.
When the courts declare a law to be inconsistent with the
constitution, the former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be
valid ony when they are not contrary to laws or the constitution.
How laws are repealed:
1. Expressly- by direct act of congress.
2. Impliedly- occurring inconsistencies on all points between a
prior and a subsequent law.
Legislative process
Congress is responsible for making enabling laws to make sure
the spirit of the constitution is upheld in the country and, at times,
amend or change the constitution itself. In order to craft laws,
the legislative body comes out with two main documents: bills
and resolutions.
Resolutions convey principles and sentiments of the Senate or
the House of Representatives. These resolutions can further be
divided into three different elements:
 joint resolutions — require the approval of both
chambers of Congress and the signature of the
President, and have the force and effect of a law if
approved.
 concurrent resolutions — used for matters affecting the
operations of both chambers of Congress and must be
approved in the same form by both houses, but are not
transmitted to the President for his signature and
therefore have no force and effect of a law.
 simple resolutions — deal with matters entirely within
the prerogative of one chamber of Congress, are not
referred to the President for his signature, and
therefore have no force and effect of a law.
Bills are laws in the making. They pass into law when they are
approved by both houses and the President of the Philippines.
A bill may be vetoed by the President, but the House of
Representatives may overturn a presidential veto by garnering
a 2/3rds vote. If the President does not act on a proposed law
submitted by Congress, it will lapse into law after 30 days of
receipt.
Constitutional Law
 Specifically, constitutional law deals with the basic
relationships between the different entities in our
society. These relationships include those between the
states, the states and the federal government, the
three branches of the federal government, the federal
government and foreign nations, individuals and state
government, and individuals and the federal
government.
 More than any other relationship, constitutional law is
thought to govern the relationship between individuals
and the federal government. Therefore, much of
constitutional law involves interpreting the Constitution
as it relates to the individual rights and freedoms of
U.S. citizens.
Constitution
 a body of rules and maxims in accordance with which
the powers of sovereignty are habitually exercised;
The three essential parts of a Constitution are:
The bill of rights, governmental organization and
functions, and method of amendment.
 the foundation of the system of government of the
Philippines is the constitution.
o Etymology: Latin word “CONSTITUO” which
means “fixed”, “established”, or “settled”
 a written instrument (document) by which the
fundamental powers of government are established,
limited, and defines, and by which these powers are
distributed among several departments for their safe
and useful exercise for the benefit of the body politic
(Justice Miller, U.S. Supreme Court)
Nature and Purposes
1. Serves as the supreme or fundamental law
 It is the Charter creating the government.
 It is binding to all individual citizens and all
organs of the government.
 It is the law to which all other laws must
conform.
 It is the test of legality of all governmental
actions.
2. Establishes the basic framework and underlying
principles of government.
 Prescribes the permanent framework of the
system of government, and assigns to the
different department or branches, their
respective powers and duties. (Art. I)
 To establish certain basic principles on which
the government is founded. (preamble, Art. I)
  Designed to preserve and protect the rights of
the citizen against the Powers of the State.
(Art. III)
Constitutional Law
 It is defines as the branch of public law which deals
with constitution: their nature, formation, amendment,
and interpretation.
 It is also the law embodied in the Constitution as well
as the principles growing out of the interpretation and
application made by the courts, specifically the
Supreme Court.
Differentiate Criminal Law, Civil Law, and Administrative
Law
Civil law deals with the disputes between individuals,
organizations, or between the two, in which compensation
is awarded to the victim. Criminal law is the body of law that
deals with crime and the legal punishment of criminal
offenses.
1. Definitions
Criminal laws at the local, state and federal level define
criminal activities and establish legal punishments for those
convicted of crimes like arson, assault and theft. Criminal law
cases are only conducted through the criminal court system.
In contrast, civil laws deal with the private rights of
individuals. Civil laws are applied when an individual has had
his or her rights violated or when individuals have disputes
with other individuals or organizations. Some matters of civil
law are handled outside a court of law, such as through a
third-party mediator. Alternatively, lawsuits may be resolved
through a non-criminal trial.
2. Burden of Proof
Criminal courts and civil courts have different standards. In a
criminal court, a defendant is either acquitted or found guilty
beyond a reasonable doubt. It is the responsibility of the state
or federal government to prove that the defendant
undoubtedly committed the crime.
In a civil court, a plaintiff brings a lawsuit against a defendant.
The burden of proof falls on the plaintiff, who must prove that
it is more likely the defendant was responsible for the
problem than not. If a jury decides that a defendant was
responsible, that defendant is said to be liable rather than
guilty.
3. Legal Penalties
In a criminal case, a judge sentences a defendant who is
found guilty by a jury. The judge must follow the sentencing
guidelines established by current criminal law. Within those
sentencing guidelines, the judge has some discretion. Legal
penalties in a criminal case may include incarceration,
probation and fines.
In a civil case, a defendant who is found liable for an act of
wrongdoing can be ordered by the jury to pay damages
(financial compensation) to the plaintiff. Compensation can
be awarded for quantifiable losses such as medical bills, or
for subjective losses such as pain and suffering. Sometimes,
a jury may award additional punitive damages.
Criminal law deals with behavior that is or can be construed
as an offense against the public, society, or the state—even
if the immediate victim is an individual. Examples are
murder, assault, theft, and drunken driving. Civil law deals with
behavior that constitutes an injury to an individual or other
private party, such as a corporation. Examples are
defamation (including libel and slander), breach of contract,
negligence resulting in injury or death, and property damage.
In criminal cases, for example, only the federal or a state
government (the prosecution) may initiate a case; cases are
almost always decided by a jury; punishment for serious (felony)
charges often consists of imprisonment but may also include a
fine paid to the government; to secure conviction, the
prosecution must establish the guilt of the defendant "beyond a
reasonable doubt"; and defendants are protected against
conduct by police or prosecutors that violates their constitutional
rights, including the right against unreasonable searches and
seizures (Fourth Amendment) and the right against compelled
self-incrimination (Fifth Amendment).
In civil cases, by contrast, cases are initiated (suits are filed) by
a private party (the plaintiff); cases are usually decided by a
judge (though significant cases may involve juries); punishment
almost always consists of a monetary award and never consists
of imprisonment; to prevail, the plaintiff must establish the
defendant's liability only according to the "preponderance of
evidence"; and defendants are not entitled to the same legal
protections as are the criminally accused.
Importantly, because a single wrongful act may constitute both
a public offense and a private injury, it may give rise to both
criminal and civil charges. A widely cited example is that of the
former American football player O.J. Simpson: in 1995 he was
acquitted of having murdered his wife and her friend, but two
years later he was found liable for their killings in a civil suit for
wrongful death.