STATUTORY CONSTRUCTION REVIEWER by Jayson Panaga

HOW A BILL TURNS INTO LAW?

 It is a collaborative effort of the 3 branches of the government.
 A proposal and enactment shall come from the Legislative dep’t
 Subsequently, the President approves the bill and applies the law
 When the affected bill parties found that there is a provision or some parts of the law that are unconstitutional, they may file a petition for review with the
Supreme Court, like for instance the Anti-terror Law which was subjected to the judicial review, thus settled the subject matter.

I.

1. A bill is introduced by any member of the House of Representatives or the Senate except for some measures that must originate only in the former chamber
(Sec. 24, Art. VI, 1987 Phil. Cons. – ALL Appropriation, Revenue or Tariff bills, bills authorizing Increase of public debt, Bills of Local application, and Private bills –
ARILP, but the Senate may propose or concur with amendments)
2. Requisites of a proposed bill: One Title – One Subject rule, signed by the authors, filed with the Secretary of the House)
3. The Secretary reports the bill to either the Senate President or Speaker of the House, as the case may be

II. FIRST READING (One title- One Subject rule, Sec. 26 (1), Art. VI, 1987 Phil. Cons)

1. The number and title of the bill will be read

2. The Senate President or Speaker of the house, as the case may be, will refer the bill to the appropriate committee for study and recommendation (the bill may be
killed should there be an unfavorable report of the committee, it may be recommended for approval with or without amendments, or there may be consolidations
of bills with the same nature or purpose from other authors AKA common authorship or as a Committee bill
3. Then the bill will be calendared for the second reading

III. SECOND READING

1. The bill will be read in its entirety, unless copies are distributed and such reading is dispensed with.
2. The bill will be subject to debates, motions, and amendments. The bill becomes a better bill
3. The bill will be voted on whether or not to approve it for the third reading
4. Note: after the approval of the bill in its second reading and at least 3 calendar days before its final passage or third reading, the bill is printed in its final form and
copies thereof shall be distributed to the members unless, the President certifies in writing as to the necessity of the immediate enactment of the bill to meet a
public calamity or emergency (Sec. 26 (2), Art. VI, 1987 Phil. Cons).

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STATUTORY CONSTRUCTION REVIEWER by Jayson Panaga

IV. THIRD READING (three readings and no amendment rule, Sec. 26 (2), Art. VI, 1987 Phil. Cons)

1. The members merely register their final votes on the approved bill and may explain them if they are so allowed by the rules especially when passing a controversial
bill.
2. The yeas and nays will be entered in the journal. If the NO vote wins, the proposed bill is dead.
3. No amendments or debates shall be allowed in this stage.
4. Under our constitution, each house of Congress has the power to approve bills by a mere majority vote, provided there is quorum, Sec. 16 (2), Art. VI, 1987 Phil.
Cons., G.R. No. 196271)

NOTES:

1. There can also be a simultaneous parallel discussion of a bill by both houses of congress, which usually happens on urgent legislative measures.
2. The mandatory three readings rule shall not be bypassed even by the President. In case of calamity and emergency, where President certifies in writing the
necessity of the immediate enactment of the bill, the President could demand that the readings should be done on the same day.

V. TRANSMITTAL (the bill will be sent to the other chamber where it will undergo the three mandatory readings, for concurrence.

NOTES:

1. If the “Other House” approves without amendment it is passed to the President.

 It is important that the reports and recommendations of the 2 Conference Committees will have to be approved by both houses in order to be considered
pass.
 It is important that both of the Senate President and Speaker of the House should have signed the bill to make it into an “Enrolled Bill” before passing it to
the Office of the President.
2. If the “Other House” introduces amendments, and disagreement arises, differences will be settled by the Bicameral Conference Committee to come up with a
Compromised Bill. The powers of the said committee of adding or deleting provisions, to come up with an entirely new provision so long as such amendment is
germane to the subject, in the house bill and Senate bill after these had passed three readings is not a circumvention of the “No amendment” rule.
 Of course, its report was not final but needed the approval of both houses of Congress to become valid as an act of the legislative department.
 Once final voting is done and has approved the final version of the bill, by majority of both houses, then the compromised bill should be signed by the
Senate President and Speaker of the house, it becomes now an “Enrolled Bill”, before passing it to the Office of the President.

VI. EXECUTIVE APPROVAL AND VETO POWER

1. Once the President approves and signs it, it takes effect as law after the required publications (Art. 2, RA 386, Civil Code of the Philippines)
2. Once the President disapproves it, he vetoes it and send it back to the House where it originated with his objections or recommendations.
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STATUTORY CONSTRUCTION REVIEWER by Jayson Panaga

 2/3 of all members approves, it will be sent to the other house for approval
 2/3 of the Other house approves, it shall become a law, AKA overriding votes of Congress.
 Or, vetoed bill is repassed by Congress by 2/3 votes of all its members, each house voting separately.
3. Once the President did not act on the bill within 30 days after receipt, bill becomes a law or lapses into law, for instance the anti-short changing law.

REVIEW:

A. 3 Constitutional tests in the passage of the bill

1. Every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof, AKA One Subject – One Title rule (sec. 26 (1), Art. VI, 1987
Phil. Cons.).
2. No bill passed by either of the House shall become a law unless it has passed three readings. Upon the last reading of a bill, no amendment thereto shall be allowed,
and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered into the journal, AKA Three Readings and No Amendment Rules (sec. 26
(2), Art. VI, 1987 Phil. Cons.).
3. Every bill passed by the Congress shall, before it becomes a law, be presented to the President (sec. 27, Art. VI, 1987 Phil. Cons.). The executive approval and veto
power of the President is the third important constitutional requirement in the mechanical passage of a bill.

B. REPUBLIC ACT NO. 386 (AN ACT TO ORDAIN AND INSTITUTE THE CIVIL CODE OF THE PHILIPPINES)

ARTICLE 2. Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation
in the Philippines, unless it is otherwise provided.

C. Congress may not increase the appropriation recommended by the President

 Sec. 27 (2), Art. VI, 1987 Phil. Cons. Provides that the President has the power to veto any particular item or items in an appropriation , revenue, or tariff
bill, but the veto shall not affect the item or items to which he does not object.

D. Enrolled bill – printed as finally approved by the Congress, thereafter authenticated with the signatures of the Senate President, the Speaker of the House, and the
Secretaries of their respective chambers.

E. Withdrawal of authentication
 Speaker and Senate President may withdraw if there is discrepancy between the text of the bill as deliberated and enrolled bill.
 As to the effect, it nullifies the enrolled bill, losses absolute verity, and courts may consult journals.

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STATUTORY CONSTRUCTION REVIEWER by Jayson Panaga