BILLS AND RESOLUTIONS (CONGRESS)

 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.

 A BILL is a draft of an Act of Congress or proposed legislative measure

Bills are Classified as:
1. Public Bills
2. Private Bills
3. Bills of General Application
4. Bills of Local Application
RESOLUTIONS convey principles and sentiments of the Senate or the House of
Representatives. It is the expressed opinion or sense of Congress or of either house with
reference to some subject or declaration of its intention to do something, as to take a
certain portion on an issue of legislative concern.

 A resolution, except for joint resolutions, does not have the force and effect of the law.
 These resolutions can further be divided into three different elements:
o 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.
o 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.
o 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.

 A joint resolution can become a law by inaction of the President (Article VI, Sec. 21 (1),
PC; Opinion of the Reference and Research Bureau of the House of Reps., 9 August
1988)

 A joint resolution can validly contain an appropriation provision in such a manner that
can be considered as a law pursuant to the Constitutional provision that “No money
shall be paid out of the Treasury except in pursuance of an appropriation made by law
(Art. VI, Sec. 29 (1))(DOJ Opinion No. 009, s. 1996, February 2, 1996)
 An appropriation provision in a joint resolution becomes an appropriation bill that must
emanate from the House of Representatives pursuant to Sec. 24, Article VI of the
Philippine Constitution:
 “All appropriation, revenue or tariff bills, bills authorizing increase of public debts, bills
of local application, and private bills shall originate exclusively from the House of
Representatives, but the Senate may propose or concur with amendment.”

 A joint resolution duly enacted by Congress as law may repeal, amend or modify laws
(DOJ Opinion No. 009, s. 1996, February 2, 1996)

KINDS OF EXECUTIVE ISSUANCES

EXECUTIVE ORDERS
“Acts of the President providing for rules of a general or permanent character in
implementation or execution of constitutional or statutory powers shall be promulgated in
executive orders.”
Administrative Code of 1987, Book III, Chapter 2, Section 2.
(Note: Executive Orders Promulgated are considered as “equal to Statutes” by virtue of
ARTICLE II (THE PRESIDENT, THE VICE-PRESIDENT, AND THE CABINET) of the 1986 Provisional
Constitution otherwise known as the Freedom Constitution which provides that:
“Section 1. Until a legislature is elected and convened under a new Constitution, the
President shall continue to exercise legislative power.”)
ADMINISTRATIVE ORDERS
“Acts of the President which relate to particular aspects of governmental operations in
pursuance of his duties as administrative head shall be promulgated in administrative
orders.”
Administrative Code of 1987, Book III, Chapter 2, Section 3
PROCLAMATIONS
“Acts of the President fixing a date or declaring a status or condition of public moment or
interest, upon the existence of which the operation of a specific law or regulation is made to
depend, shall be promulgated in proclamations which shall have the force of an executive
order.”
Administrative Code of 1987, Book III, Chapter 2, Section 4
PRESIDENTIAL DECREES
Presidential Decrees were an innovation made by President Ferdinand E. Marcos with the
proclamation of Martial Law. They served to arrogate unto the Chief Executive the
lawmaking powers of Congress. Only President Marcos issued Presidential Decrees. In the
Freedom Constitution of 1986, President Corazon C. Aquino recognized the validity of
existing Presidential Decrees unless otherwise repealed.
MEMORANDUM CIRCULARS
“Acts of the President on matters relating to internal administration, which the President
desires to bring to the attention of all or some of the departments, agencies, bureaus or
offices of the Government, for information or compliance, shall be embodied in
memorandum circulars.”
Administrative Code of 1987, Book III, Chapter 2, Section 6
LOCAL GOVERNMENT
What is an ORDINANCE?
o A local law that usually regulate persons or property;
o A regulation of a general, permanent nature;
o a rule established by authority;
o It has the force and effect of the law until repealed or superceded by subsequent
enactment
 Whenever the proposed legislation affects the public and that it is of general or
permanent nature, the proper from is “ordinance”;
 Appropriations should also always be in ordinance form (exemption to the rule);
 Proposed legislation imposing penal sanctions must be in ordinance form;
 An ordinance is required to amend or repeal an existing ordinance
What is a RESOLUTION?

 An expression of the opinion/sense or mind of the sanggunian concerning some matters

of administration;
 The translation of the current business of the local government unit; and
 Has no permanent value for it deals only with special or temporary character