Flores, Aimee Ruth P.

BSTM 503 September 25, 2021

The Differences between the legislation in the 1950s and of the current year

LAW-MAKING & DECISION-MAKING PROCESS:

Legislation in the 1950s:
The independent Republic of the Philippines was proclaimed on July 4, 1946, with
Manuel Roxas as President. The Second Congress of the Commonwealth was
transformed into the First Congress of the Republic of the Philippines, also made up
of the Senate and the House of Representatives. This would mark the beginning of
the count of Congresses of the Republic until the imposition of Martial Law in 1972
when Congress would be dissolved.
This era started the legislation of republic acts which would continue until 1972.
Upon the restoration of democracy in 1986 and the ratification of the 1987
Constitution, the naming of laws as republic acts would be reinstated.
The post-Independence Congress became the first legislature of the Republic of the
Philippines. That Congress’ first members were elected during the dying days of the
Commonwealth in 1946, and the last barely a year before it gave way to martial law
that ushered in the dictatorship in 1973. All told, that legislature consisted of seven
Congresses of four years each except the final one, which lasted for only two years.
Like its immediate predecessor that emerged following the first amendments of the
1935 Constitution, the Congress of the Philippines had a Senate and a House of
Representatives. The members of the Senate were elected at large or nationwide,
unlike their predecessors, who were elected by regions for a term of 6 years. The
Senate was composed of 24 members elected by qualified voters of the country.
Specific qualifications were required for an individual to become a senator: he had to
be a natural-born citizen, 35 years of age upon election to the Senate, a qualified
voter, and a resident of the Philippines for at least two years prior to his election.
The election of the First Congress—16 for the Senate and 104 for the House—
took place on April 23, 1946. The Liberal Party captured nine of the 16 senatorial
seats. The rest went to the Nacionalista candidates and their allies. Senator Jose
Avelino of Samar was elected as Senate President at that time.
The Congress of the Philippines followed a certain schedule for the session of both
houses. They commenced their regular sessions every fourth Monday of January,
although this could be changed as Congress saw fit. Every Congress had four
regular sessions lasting for 100 days, excluding Sundays. The President could also
call special sessions to tackle major bills left unfinished during regular sessions.
Legislative proposals originate in several different ways. Members of the Senate, of
course, develop ideas for legislation. Frequently, a member of the Senate will
introduce such a bill by request, whether or not he supports its purposes. The fact

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 that a proposal cannot become a law without consideration and approval by both
Houses of Congress is an outstanding virtue of our bicameral legislative system. The
open and full discussion under the Constitution often results in the notable
improvement of a bill by amendment before it becomes law or the eventual defeat of
an inadvisable proposal. As the majority of laws originate in the House of
Representatives, this discussion will focus principally on the procedure in that body.
Each senator has one vote, and only the Senate confirms presidential nominations
and approves treaties. However, the enactment of law always requires both
chambers to separately agree to the same bill.

Among the powers exercised by the Senate were:

Ratification of treaties entered into by the Executive; and Confirmation of
appointments made by the President.

Current Year Legislation: Legislative process today

Present Congress of the Philippines:
The 1972 Constitution abolished the bicameral legislature and, in its stead,
established a unicameral body under a parliamentary government. The legislative
bodies created during the martial law were the Batasang Bayan, the Interim
Batasang Bayan, and the Batasang Pambansa. When the famous “people power” or
EDSA revolution broke out in February 1986, Corazon Aquino was installed as the
new President. She issued a proclamation creating a Constitutional Commission to
draft a new constitution for the Philippines.

Congress is responsible for making and 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 primary
documents: bills and resolutions.
Bills are laws in the making. They pass into law when they are approved by both
houses and the President of the Philippines. The President may veto a bill, 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.

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.

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 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.

THE FIFTH REPUBLIC, 1987 – PRESENT

On March 25, 1986, President Aquino declared a revolutionary government under
Presidential Proclamation No. 3, s. 1986, which suspended some provisions of the
1973 Constitution and promulgated in its stead a transitory constitution. This
effectively abolished the Batasang Pambansa. A constitutional commission tasked
with drafting a new charter was created under Proclamation No. 9, issued on April
23, 1986.
Following the overwhelming ratification of the 1987 Constitution through a national
plebiscite held on February 2, 1987, the 1987 Constitution finally came into full force
and effect on February 11, 1987. It re-established a bicameral legislature composed
of the House of Representatives and the Senate, much like the way it was before
martial law. Being much larger in composition, the former reopened in the Batasan
Pambansa while the Senate, still with its 24 members, returned to the Legislative
Building. In 1997, the Senate of the Philippines moved to the GSIS building where it
is currently housed.
Laws passed by the bicameral legislature would restore “Republic Acts,” as the laws
were named in the Third Republic (1946-1972). Moreover, it was decided to maintain
the old count, taking up where the last pre-martial law Congress left off. Thus, the
last Congress under the 1935 Constitution was the seventh Congress, and the first
Congress under the 1987 Constitution became the eighth Congress.

The following is a summary of how a bill becomes a law:

Filing/Calendaring for First Reading
A bill is filed in the Office of the Secretary, where it is given a corresponding number
and calendared for First Reading.
First Reading
Its title, bill number, and author’s name are read on the floor, after which it is referred
to the proper Committee.

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 Committee Hearings/Report
The Committee conducts hearings and consultation meetings. It then either
approves the proposed bill without an amendment, approves it with changes, or
recommends substitution or consolidation with similar bills filed.
Calendaring for Second Reading
The Committee Report with its approved bill version is submitted to the Committee
on Rules for calendaring for Second Reading.
Second Reading
Bill author delivers sponsorship speech on the floor. Senators engage in debate,
interpellation, turno en contra, and rebuttal to highlight the pros and cons of the bill. A
period of amendments incorporates necessary changes in the bill proposed by the
Committee or introduced by the Senators themselves on the floor.
Voting on Second Reading
Senators vote on the second reading version of the bill. If approved, the bill is
calendared for the third reading.
Voting on Third Reading
Printed copies of the bill’s final version are distributed to the Senators. This time, only
the title of the bill is read on the floor. Nominal voting is held. If passed, the approved
Senate bill is referred to the House of Representatives for concurrence.
At the House of Representatives
The Lower Chamber follows the same procedures (First Reading, Second Reading,
and Third Reading).
Back to the Senate
If the House-approved version is compatible with the Senate's, the final version’s
enrolled form is printed. If there are certain differences, a Bicameral Conference
Committee is called to reconcile conflicting provisions of both versions of the Senate
and of the House of Representatives. The conference committee submits a report on
the reconciled version of the bill, duly approved by both chambers. The Senate prints
the reconciled version in its enrolled form.
Submission to Malacañang
The final enrolled form is submitted to Malacañang. The President either signs it into
law or vetoes it and sends it back to the Senate with a veto message.
VOTING REQUIREMENTS:
Number of votes required for passing
In1950’s: Less than 100, around 50.
Present: Around or more than 100.

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 The vote requirements in the Congress of the Philippines are as follows:

House of
Requirement Senate Joint session All members
Representatives

One-fifth Request of recording of yeas and nays on N/A N/A

any question

One-third N/A Pass an article of N/A N/A

impeachment

Majority (50% Election of the Senate Election of the  Revocation of  Submit to the
President Speaker martial law electorate the
+1 member)
 Revocation of question of calling a
the suspension constitutional
 Passage of laws of the privilege convention
 Election of the President in case of a of the writ of  Grant a tax
tie vote. habeas corpus exemption
 Confirmation of an appointment of the  Concurrence of a
President to a vice president grant of amnesty

Two-thirds  Suspend or expel a member Declaration of a Call a constitutional

 Designation of the vice president as state of war (voting convention
acting President separately)
 Override a presidential veto

 Conviction of N/A
impeached officials
 Concurrence on a
treaty

Three-fourths N/A N/A N/A Passage of amendments

to or revision of the
constitution

References
http://legacy.senate.gov.ph/about/history.asp
https://www.officialgazette.gov.ph/about/gov/the-legislative-branch/#history
https://en.wikipedia.org/wiki/Congress_of_the_Philippines#Lawmaking
https://www.congress.gov/help/learn-about-the-legislative-process/how-our-laws-are-
made

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