LEGISLATIVE REFORM

Legislative Reform - refers to the process of making changes or improvements to the country's laws,
statutes, and regulations. Legislative reforms are essential for addressing various issues, promoting
good governance, and ensuring that the legal framework aligns with the evolving needs of society.

I. THE LEGISLATIVE SYSTEM

A. Brief History of Legislative System in the Philippines:

 Spanish Colonial Period (1565-1898): During the Spanish colonial era, the Philippines
was governed by Spanish authorities. There was no representative legislative body for
Filipinos during this time. Instead, the Spanish Crown appointed officials to govern the
colony.
 Philippine Revolution (1896-1898): The late 19th century saw the rise of nationalist
movements and calls for self-governance. The Katipunan, a revolutionary society, led the
fight for independence from Spanish rule. This period marked the beginning of the struggle
for Filipino self-determination.
 First Philippine Republic (1899): The Malolos Constitution of 1899 established the First
Philippine Republic, which had a bicameral legislature consisting of a Senate and a House
of Representatives. However, this republic was short-lived due to the Philippine-American
War, which resulted in U.S. control over the Philippines.
 American Colonial Period (1898-1946): Under American colonial rule, the Philippines
had several iterations of legislative bodies. The most notable was the Philippine Assembly,
established in 1907, which later became the Philippine Legislature with a Senate and a
House of Representatives.
 Commonwealth Period (1935-1946): The Philippines transitioned to a Commonwealth
status with a constitution in 1935. During this time, the legislative branch consisted of a
bicameral National Assembly, which included a Senate and a House of Representatives.
 Post-World War II and Independence (1946): In 1946, the Philippines gained
independence from the United States. The country adopted a new constitution, and the
legislative branch retained its bicameral structure with a Senate and a House of
Representatives.
 Marcos Era (1965-1986): The rule of President Ferdinand Marcos saw significant changes
in the legislative branch. In 1972, Marcos declared martial law and suspended the existing
constitution, replacing it with a new one. During this period, the legislature was reduced to
a unicameral body known as the Batasang Pambansa, which effectively consolidated
power in Marcos' hands.
 Post-Marcos Era (1986-present): After the People Power Revolution in 1986, a new
constitution was ratified, reestablishing a bicameral Congress with a Senate and a House
of Representatives. Since then, the legislative branch has continued to operate under this
system, with periodic elections to choose representatives and senators.

B. The Current Legislative System in the Philippines

The current legislative system in the Philippines is a bicameral system, meaning it consists of
two separate chambers or houses: the Senate and the House of Representatives. These two
chambers have distinct roles and functions in the legislative process.

1. Senate: The Senate is the upper house of the Philippine Congress. It is composed of 24
senators who are elected by the entire nation for six-year terms. Each senator must be a
natural-born Filipino citizen, at least 35 years old, a registered voter, and a resident of the
Philippines for not less than two years immediately preceding the day of the election.

2. House of Representatives: The House of Representatives is the lower house of the

Philippine Congress. It is made up of not more than 250 members (unless otherwise fixed by
law), 20% of whom must be Party-list representatives. Each representative is elected by a specific
legislative district for a three-year term they represent marginalized sectors and organizations.
These party-list representatives are elected through a separate process.

The primary functions of legislative branch the creation, enactment and amendments of
laws.
 C. Process of Amendments of Law, Creation of Law and Constitutional Amendments.

For Amending Existing Laws:

1. Proposal: The process usually begins with the proposal of an amendment to an existing law.
This proposal can come from members of Congress, the President, or through a People's
Initiative (a process where citizens can propose amendments).
2. Drafting: The proposed amendment is then drafted into a bill. The bill's content and language
are carefully formulated, and it must adhere to the legal and constitutional requirements.
3. Introduction: The bill is introduced in either the House of Representatives or the Senate. In
the House, it is known as a House Bill (HB), while in the Senate, it is called a Senate Bill (SB).
4. Committee Review: The bill is referred to the appropriate committee in the chamber where it
was introduced. The committee conducts hearings, gathers input from experts and
stakeholders, and may amend the bill based on the feedback received.
5. Floor Debate: After committee review, the bill is brought to the floor of the chamber for
debates and discussions. Lawmakers can propose amendments during this stage.
6. Approval: The bill must be approved by a majority vote in the chamber where it originated
(either the House of Representatives or the Senate).
7. Bicameral Conference: If the bill is approved in one chamber but not the other, or if there are
differences between the two chambers' versions, a bicameral conference committee is
convened to reconcile these differences and come up with a single, agreed-upon version of
the bill.
8. Presidential Approval: Once the bill has been approved by both houses of Congress and
reconciled, if necessary, it is sent to the President for approval. The President can sign the bill
into law, veto it, or let it become law without a signature.

For Creating New Laws:

The process for creating new laws is similar to amending existing laws, except there is no existing
law to amend. Here are the basic steps:
1. Proposal and Drafting: A proposal for a new law is drafted into a bill, which can originate in
either the House of Representatives or the Senate.
2. Introduction: The bill is introduced in either the House or the Senate, where it is known as a
House Bill (HB) or Senate Bill (SB).
3. Committee Review: The bill goes through committee review, hearings, and possible
amendments.
4. Floor Debate: The bill is debated on the chamber's floor and voted upon.
5. Approval: The bill must be approved by a majority vote in both the House of Representatives
and the Senate.
6. Presidential Approval: The bill is sent to the President for approval. The President can sign it
into law, veto it, or let it become law without a signature.

For Constitutional Amendments:

Amending the Philippine Constitution follows a slightly different process:
1. Proposal: Amendments to the Constitution can be proposed by Congress, through a
Constitutional Convention, or through a People's Initiative.
2. Ratification: Proposed amendments must be ratified by the people in a national plebiscite. A
majority vote of the people is required for approval.

“As a general rule, a bill must pass both the Senate and the House” (Defensor-Santiago 2002)

II. THE POWERS OF CONGRESS

1. General Legislative Power:

 Congress has the power to make laws on various matters that are not prohibited by
the Constitution. These laws can cover topics such as suffrage, elections, national
languages, land reform, succession to the Presidency, citizenship, taxation, and the
organization of courts.

2. Specific Legislative Power:

 Congress has specific powers granted by the Constitution, including the power to
make treaties with other countries, declare war, impeach the President, members
of the Supreme Court, and Constitutional Commissions, enact the Appropriation
Act based on the budget, and amend the Constitution.
3. Inherent Power:
  Congress has inherent powers, such as the power to impose taxes, impose
penalties for specific crimes, and authorize the expropriation of private lands upon
payment of just compensation.

4. Implied Power:
 Congress has implied powers, including the power to conduct inquiries on the
social and economic conditions of the country in aid of legislation.

 Lawmaking: The primary role of the legislative branch is to create laws. This includes bills,
joint resolutions, concurrent resolutions, and simple resolutions. The legislative process
involves several steps, including introduction, first and second readings, and third reading
before a bill can become a law.
 Impeachment: The House of Representatives has the power to initiate impeachment
proceedings against certain government officials, including the President, Vice President,
members of the Supreme Court, and the Ombudsman. The Senate then decides on cases of
impeachment.
 Oversight of Executive Branch: The legislative branch has the power to oversee and
scrutinize the actions and decisions of the executive branch, ensuring that the government
operates in accordance with the law.
 Declaration of War: Congress has the sole power to declare the existence of a state of war.
This requires a vote of two-thirds of both Houses, voting separately.
 National Budget: The legislative branch is involved in the national budget process. It can
decide whether to add or reduce a government agency's budget.
 Appointments: Through the Commission on Appointments, Congress can approve or reject
key appointments made by the President to government agencies.
 Amnesty: Congress needs to concur with any amnesty granted by the President.
 Charter Change: Congress can either convene into a Constituent Assembly to propose
amendments and revisions or call for an election of members of a Constitutional Convention
 Legislative Investigations: Congress has the authority to conduct investigations and
inquiries into matters of public interest, including alleged government misconduct.
 Concurrence with Treaties and Amnesties: Any amnesty granted by the President and any
treaty or international agreement the President enters into on behalf of the Government
becomes valid and effective only upon concurrence of at least two-thirds of all the members of
the Senate.
 Amendment of the Constitution: Amendments or revisions to the Constitution may be
proposed by Congress by a vote of three-fourths of all its members. By a vote of two thirds of
all its members, Congress can call a constitutional convention, or by a majority vote of all its
members, submit to the electorate the question of calling such a convention.

III. CURRENT ISSUES AND CONCERNS ON LEGISLATIVE REFORMS

A. Democratizing Representation in the Congress

- is a complex and multifaceted goal aimed at ensuring that all citizens have a fair
and equal voice in the legislative process.
- Democratizing representation in Congress is an ongoing process that requires the
cooperation of various stakeholders, including government institutions, political
parties, civil society organizations, and the public. It involves a combination of
legal reforms, institutional changes, and cultural shifts to achieve a more inclusive
and representative democracy.

ISSUES AND CONCERNS:

1. Gerrymandering: Gerrymandering is the manipulation of electoral district boundaries

to favor a particular political party. In the Philippines, gerrymandering has been a long-
standing issue, and it can result in distorted representation, where certain areas have
disproportionately more or less influence than they should.
2. Party-list System: The party-list system was introduced to give marginalized and
underrepresented sectors a voice in Congress. However, it has faced issues with the
entry of seemingly non-representative parties, as well as allegations of corruption and
misuse of funds.
3. Political Dynasties: The prevalence of political dynasties in the Philippines can
hinder the goal of democratizing representation. These dynasties can perpetuate the
 rule of a few powerful families and limit opportunities for fresh voices and diverse
representation. The prevalence of political dynasties in the Philippines can be a major
issue. When political power is concentrated within certain families, it can lead to a lack
of diversity of voices and perspectives in the legislative process.
4. Lack of Inclusivity: The current system may not adequately represent the diversity of
the Philippines, including indigenous peoples, minority groups, and the urban poor.
Measures are needed to ensure these groups have a more meaningful voice in
Congress.
5. Electoral Reform: Improving the electoral system and processes, such as campaign
financing, transparency, and fair competition, can help democratize representation.
The move towards automated elections and reforms in the electoral system have
been positive steps in this direction.
6. Concentration of Power: The concentration of political power in the hands of a few
individuals or parties can undermine democratic representation. Efforts to decentralize
power and increase local autonomy may be necessary to address this issue.
7. Voter Education: Many citizens may not be fully informed about the electoral process
and the importance of their vote. Increasing voter education and civic engagement
can help promote more informed choices and better representation.
8. Constitutional Reform: Consideration of constitutional reforms, including changes to
the political system, may be necessary to address some of these issues. This could
include changes to the system of government, the structure of Congress, or term
limits for elected officials.

B. Transparency and Accountability

- Transparency and accountability in the Congress of the Philippines are crucial
principles for ensuring that the legislative branch of the government operates in
the best interests of the Filipino people.
- It requires both institutional reforms and a culture of openness and integrity among
its members. These principles are vital to maintaining public trust, preventing
corruption, and ensuring that legislative decisions are made in the best interests of
the Filipino people. Efforts to enhance transparency and accountability in
Congress should involve collaboration among legislators, civil society, and the
public.

ISSUES AND CONCERNS

1. Lack of Transparency in the Legislative Process: The legislative process in the

Philippines can lack transparency, with concerns about closed-door meetings,
unrecorded voice votes, and limited public access to discussions and deliberations.
2. Budget Transparency: Congress plays a vital role in the budgetary process.
Transparency in budget allocation, spending, and execution is essential to prevent
corruption and ensure that public funds are used efficiently and effectively.
3. Penalties for Corruption: Strong penalties for corruption and unethical behavior by
members of Congress should be in place, and enforcement should be consistent to
deter wrongdoing.
4. Opaque Lawmaking: Some legislative reforms are crafted without sufficient public
consultation or input, making it challenging for citizens to fully understand or
participate in the lawmaking process.
5. Influence of Special Interests: Concerns exist regarding the undue influence of
special interest groups, corporations, and lobbyists in shaping legislative reforms,
potentially leading to laws that primarily benefit these interests rather than the public.
6. Pork Barrel and Earmarking: The practice of pork barrel funds and earmarking in
the national budget has faced criticism for a lack of transparency and accountability.
These funds are often allocated at the discretion of legislators and can be susceptible
to misuse and corruption.
7. Legislative Transparency Tools: The digital tools and systems for tracking
legislative activities and accessing information can be outdated or underutilized,
hindering public access to legislative documents and updates.
8. Conflict of Interest: Some legislators may have conflicts of interest, such as owning
businesses affected by proposed laws, which can raise concerns about their ability to
make impartial decisions.
 9. Oversight and Enforcement: The oversight and enforcement mechanisms for
ensuring accountability in the legislative process may be weak or ineffective, which
can undermine the effectiveness of reforms.
10. Whistleblower Protection: There may be insufficient protection for whistleblowers
who expose corruption or misconduct within the legislative branch, discouraging
individuals from coming forward with information.
11. Campaign Finance and Political Funding: Issues related to campaign finance,
political donations, and transparency in political party funding can raise concerns
about the influence of money in politics.
12. Ethics and Conduct of Legislators: Ensuring ethical conduct and accountability
among legislators is an ongoing challenge. Instances of unethical behavior, including
bribery and corruption, can erode public trust.
13. Access to Information: The right to access information is a critical component of
transparency. Ensuring that the public has access to legislative documents and
proceedings is essential for an informed citizenry.

C. Legislative Independence
- Legislative independence is a critical component of the separation of powers in a
democratic system.
- Legislative independence in the Philippines is crucial for maintaining a healthy
democratic system. However, there are several issues and concerns that can
compromise legislative independence in the country.

ISSUES AND CONCERNS

1. Executive Influence: The influence of the executive branch, particularly the
President, on the legislative process is a significant concern. The President wields
considerable influence over legislators through political appointments, budget
allocation, and support for their political careers. This influence can lead to a lack of
autonomy for lawmakers and a reduced ability to act independently.
2. Party Politics: Political parties in the Philippines often expect members to toe the
party line, which can undermine legislative independence. Legislators may feel
pressured to vote according to party leadership rather than their constituents' best
interests.
3. Political Dynasties: The prevalence of political dynasties in the Philippines can be a
major issue. When political power is concentrated within certain families, it can lead to
a lack of diversity of voices and perspectives in the legislative process.
4. Lobbying and Special Interests: The influence of special interest groups, including
businesses and other organizations, on legislators can compromise their
independence. Lobbying efforts, campaign contributions, and other forms of pressure
can lead to decisions that prioritize these interests over the public good.
5. Budget Control: The executive's control over the national budget can be used as a
tool to influence legislators. The allocation of resources to their districts or projects
can be tied to legislative support for the executive's initiatives.
6. Party-list System: While the party-list system was designed to represent
marginalized and underrepresented sectors, concerns have arisen about its
effectiveness and whether it truly serves the intended purpose. Some party-list
representatives may not genuinely represent their sectors, leading to a lack of
legislative independence in representing these groups.
7. Pressure from Local Officials: Local government officials, including governors and
mayors, can exert influence over legislators from their regions. This influence can
affect how legislators vote on issues that have local significance.
8. Political Patronage: The practice of political patronage, where politicians provide
favors and resources to their supporters, can create dependencies that undermine
legislative independence.
9. Ethical Concerns: Ethical issues, such as corruption and unethical behavior by
legislators, can compromise their ability to act independently and in the best interests
of the public.
10. Transparency and Accountability: A lack of transparency and accountability in
legislative operations can hinder efforts to ensure that legislators act independently
and in accordance with the law.
 D. Impeachment Power

- The power of impeachment in the Philippines, which is vested in the legislative

branch, is a crucial constitutional mechanism for holding public officials
accountable for misconduct and other offenses. However, the use of impeachment
power can be subject to various concerns and issues:

ISSUES AND CONCERNS

1. Politicization of Impeachment: Impeachment proceedings can become highly
politicized in the Philippines, with legislators often voting along party lines or based on
personal and political allegiances rather than the merits of the case. This can undermine
the impartiality and fairness of the process.
2. Lack of Clarity in Criteria: The Philippine Constitution provides for the impeachment of
certain officials, including the President, but the criteria for impeachment can be subject
to interpretation. Ambiguity in the criteria can lead to inconsistent or arbitrary use of
impeachment power.
3. Impeachment as a Weapon: There is a concern that impeachment can be used as a
political weapon to remove officials for purely political or personal reasons, rather than
genuine wrongdoing. This can create instability and hinder the ability of elected officials
to carry out their duties effectively.
4. Delay in Proceedings: Impeachment proceedings can be protracted, leading to delays
in addressing alleged misconduct and potentially undermining public trust in the process.
Delays can also have political motivations, especially if officials hope to outlast their term
in office.
5. Influence of Special Interests: Special interest groups, business entities, or other
powerful actors can exert influence on the impeachment process, either to remove or
protect an official. This influence can compromise the independence and integrity of the
proceedings.
6. Inadequate Safeguards for Impeached Officials: The Philippines lacks clear post-
impeachment mechanisms for impeached officials, such as former presidents, who may
still wield significant influence or remain politically active after removal from office. This
raises concerns about the potential for continued political involvement by impeached
individuals.
7. Lack of Public Understanding: The complexities of the impeachment process may not
be fully understood by the general public. This lack of understanding can hinder
transparency and public participation in impeachment proceedings.
8. Partisanship: Impeachment proceedings can be highly partisan, with legislators often
voting in accordance with their party's interests rather than making impartial decisions
based on the evidence presented.
9. Resource Intensive: Impeachment proceedings can be resource-intensive, diverting
time, energy, and financial resources away from other legislative work and priorities.
10. Consequences for Governance: Frequent or politically motivated impeachment efforts
can disrupt governance and create uncertainty, potentially deterring qualified individuals
from seeking public office.

OTHER CURRENT ISSUES AND CONCERNS ON LEGISLATIVE REFORM

 Constitutional Reform: There were ongoing discussions about amending the 1987 Philippine
Constitution. Some proposed changes included shifting to a federal form of government,
adjusting economic provisions to attract foreign investments, and addressing concerns related
to political dynasties.
 Criminal Justice Reform: Criminal justice reform efforts were being discussed to address
issues related to overcrowded prisons, lengthy trial processes, and the improvement of the
 country's criminal justice system. This included possible amendments to the penal code and
the justice system.
 Human Rights and Anti-Terrorism Laws: The Anti-Terrorism Act of 2020 faced criticism from
human rights groups for its potential impact on civil liberties. There were calls to revisit and
amend the law to better balance security concerns with the protection of human rights.
 Healthcare Reforms: The COVID-19 pandemic highlighted the need for healthcare system
reforms. Discussions included increasing healthcare funding, expanding coverage, and
improving the healthcare infrastructure.
 Climate Change and Environmental Legislation: As the Philippines is susceptible to the
impacts of climate change, there was a focus on strengthening environmental laws and
regulations to address environmental degradation, natural disasters, and promote
sustainability.
 Digital and Cybersecurity Laws: With the growth of the digital economy, there were
discussions about the need for legislation to protect data privacy, promote cybersecurity, and
regulate emerging technologies.

REPORTER:
SANDREX A. AGBAYANI