REPUBLIC of the PHILIPPINES Philippine Legal System Government

REPUBLIC of the PHILIPPINES

Philippine Legal System Government Structure Three (3) branches of the government: EXECUTIVE LEGISLATIVE JUDICIARY

Philippine Legal System The Executive Branch headed by the President enforces the laws.

Philippine Legal System The Legislative Branch (known as Congress) makes the laws. It is composed of: a. the House of Representatives not to exceed 250 representatives (unless otherwise provided by law) b. the Senate 24 senators who are elected at large

Philippine Legal System The Judicial Branch (judiciary) interprets the laws through the Supreme Court and the lower courts established by Congress.

Philippine Legal System Hierarchy of Laws 1) Constitution fundamental law of the land 2) Republic Acts enacted by Congress 3) Ordinances passed by the local government units

Philippine Legal System Court Decisions handed down by the Supreme Court, the highest court of the land have also the force and effect of law. Courts in general use them as guides in deciding similar cases called “stare decisis. ” Those handed down by lower courts do not have this effect.

Philippine Legal System The Executive Branch, through its regulatory agencies and departments, also issues rules that have the force and effect of law. Strictly, these are not laws but IMPLEMENTING RULES OR ADMINISTRATIVE REGULATIONS since they merely implement laws enacted by Congress.

Philippine Legal System During the martial law rule (President Ferdinand Marcos) Presidential Decrees Batas Pambansa Presidential Decrees and Batas Pambansa that have not been revoked are still in effect.

Philippine Legal System In 1986, when martial law ended - Executive Orders were issued by then President Corazon Aquino Elections for Senators and Congressmen were held. With Congress back in place, the following legislative processes have been followed.

PHILIPPINE LEGISLATIVE PROCEDURES Most legislative proposals are drafted in the form of bills. These include budgetary appropriation of the government. When passed by both chambers in identical form and signed by the President or repassed by Congress over a presidential veto, they become laws.

PHILIPPINE LEGISLATIVE PROCEDURES A bill may originate from the Senate or the House of Representatives. However, under the Constitution, “ all appropriation, revenue or tariff bills, bills authorizing increase of the public ebt, bill of local application, and private bills shall originate exclusively in the House of Representative, but the Senate may propose or concur with amendments” (Sec. 14, 1987 Constitution)

PHILIPPINE LEGISLATIVE PROCEDURES Procedures followed by Congress in passing a bill

PHILIPPINE LEGISLATIVE PROCEDURES 1. After a bill is prepared, it is filed with the Office of the Secretary of the Senate or the House, as the case may be, where it is given its corresponding number and calendared for FIRST READING;

PHILIPPINE LEGISLATIVE PROCEDURES 2. During the First Reading, its title, bill number and author’s name are read on the floor; after which it is referred to the proper committee;

PHILIPPINE LEGISLATIVE PROCEDURES 3. The Committee conducts hearings and consultation meetings. During this period, the committee may either (a) approve the bill without amendment (b) approve it with changes, or (c) recommend a substitute bill or consolidate the bill with similar bills that are filed;

PHILIPPINE LEGISLATIVE PROCEDURES 4. The Committee Report with its approved bill is prepared and submitted to the Committee on Rules to be calendared for the SECOND READING;

PHILIPPINE LEGISLATIVE PROCEDURES 5. During the SECOND READING, the author of the bill delivers his sponsorship speech on the floor where members of the Senate or the House, as the case may be, engages in debate, interpellation and rebuttal to highlight the pros and cons of the bill. Thereafter, a period of amendment is allowed to incorporate necessary changes to the bill proposed by the committee or by the members. The members then vote on the second reading version of the bill. If approved, the bill is calendared for THIRD READING;

PHILIPPINE LEGISLATIVE PROCEDURES 6. On the Third Reading, printed copies of the bill’s final version are distributed to the members. This time, only the title of the bill is read on the floor. Nominal voting is held. If passed, the approved bill is referred to the House or the Senate, as the case may be, for concurrence;

PHILIPPINE LEGISLATIVE PROCEDURES 7. The Senate or the House where the approved bill is referred follows the same procedure by conducting First, Second and Third Readings on the bill.

PHILIPPINE LEGISLATIVE PROCEDURES 8. Thereafter, should it be necessary, a CONFERENCE COMMITTEE is constituted composed of members from each House of Congress to settle, reconcile or thresh out differences or disagreements on any provision of the bill. The Committee members may introduce new provisions germane to the subject matter or report out an entirely new bill on the subject. The Committee then prepares its report to be signed by all the members and the Chairman. The Conference Committee Report is then submitted for consideration/approval of both Houses. No amendment is allowed.

PHILIPPINE LEGISLATIVE PROCEDURES 9. Copies of the bill, signed by the Senate President and Speaker of the House of Representative, certified by Secretaries of both Houses, are transmitted to the President.

PHILIPPINE LEGISLATIVE PROCEDURES 10. The President may: a. Approve the bill by signing it. The bill is then assigned a Republic Act (RA) number and transmitted to the House where it originated; b. Veto the bill, in which case the President sends a message citing the reason for the veto and transmits the bill to the House where it originated.

PHILIPPINE LEGISLATIVE PROCEDURES 11. The approved bill is reproduced and copies are sent to the Official Gazette Office for publication and distribution to the implementing agencies;

PHILIPPINE LEGISLATIVE PROCEDURES 12. For the vetoed bill, the message of the President is included in the Order of Business. If Congress decides to override the veto, the House and the Senate shall proceed separately to reconsider the bill or the vetoed items of the bill. If the bill or the vetoes item/s is passed by a vote of two-thirds of the members of each House, such bill shall become a law.