THE CONSTITUTIONAL MANDATE

The 1987 Constitution of the Philippines, as in past constitutions, vested the power of government on the legislative,
executive, and the judiciary.

The Legislative Power is vested in the Congress of the Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the provision on initiative and referendum.

The Executive Power is vested in the President of the Philippines, and;

The Judicial Power is vested in one Supreme Court and in such lower courts as may be established by law.

The Constitution provides that the House of Representatives shall be composed of not more than two hundred and
fifty (250) members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among
the provinces, cities, and the Metropolitan Manila area in accordance with the number of their respective inhabitants,
and on the basis of a uniform and progressive ratio, and those who, as provided by law, shall be elected through a
party-list system of registered national, regional, and sectoral parties or organizations. The party-list representatives
shall constitute twenty per cent (20%) of the total number of representatives including those under the party list.

A Member of the House of Representatives should be a natural-born citizen of the Philippines and, on the day of the
election, is at least twenty-five (25) years of age, able to read and write, and, except the party list representatives, a
registered voter in the district in which he shall be elected, and a resident thereof for a period of not less than one year
immediately proceeding the day of the election.

The Members of the House of Representatives shall be elected for a term of three years, and shall serve for no more
than three consecutive terms.

 PHILIPPINE CONGRESS HISTORY

EVOLUTION OF THE PHILIPPINE LEGISLATIVE SYSTEM

The Philippine legislative system has undergone a series of evolutions that reflected the sociopolitical conditions of the
times and the level of political maturity of society.

It began with the unicameral Malolos Congress of the short-lived Philippine Republic of 1898-1899, followed by the
Philippine Commission of 1901, a colonial legislative system composed of all-American appointees. This body then
evolved into a bicameral, predominantly elective, Filipino-controlled legislature by virtue of the Jones Act of 1916, and
lasted until November 1935 when the semi-independent Commonwealth Government was inaugurated. A unicameral
National Assembly replaced the bicameral body after the 1935 Philippine Constitution was ratified. In 1941, the
Constitution was amended, again restoring the bicameral legislature that came to be called the Congress of the
Philippines.

Except during the Japanese-sponsored Philippine Republic from 1942-1945, the Congress functioned as the national
legislature until September 1972 when President Ferdinand E. Marcos placed the country under martial law.

 
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THE BATASANG PAMBANSA - A UNICAMERAL LEGISLATURE

When martial law was declared, the Constitutional Convention, by virtue of an Act of Congress in 1971, was in the
process of drafting a new Constitution. The final draft was adopted by the Convention on November 29, 1972. This
was ratified and proclaimed by President Marcos on January 17, 1973 amidst widespread protest and controversy.
With the proclamation of a new Constitution, the presidential form of government was changed to a modified
parliamentary form. Congress was abolished and was replaced by an elected unicameral National Assembly, known
as Batasang Pambansa.

The Batasang Pambansa was made up of a maximum of 200 Members elected from different provinces with their
component cities, highly urbanized cities and districts of Metropolitan Manila, appointed representatives from various
sectors such as the youth, agricultural and industrial labor sectors, and those chosen by the President from the
members of the Cabinet. The Members had a term of six years.

 THE PRESENT PHILIPPINE CONGRESS

3
THE FEBRUARY 1986 REVOLUTION PEOPLE POWER REVOLUTION

1986 EDSA RevolutionThe world-famed bloodless coup of February 22-25, 1986 ushered in a new political regime.
President Corazon Aquino, backed by a coalition of forces from both ends of the political spectrum, forged a new
government, triggering a chain of events that dramatically changed the political landscape of the country and signalled
the rebirth of democracy. These political changes were: the abolition of the Batasang Pambansa following the
proclamation of a new revolutionary government; the organization of a Constitutional Commission that drafted a new
charter which, in turn, was ratified in February 1987; the rebirth of the old bicameral system; and the election of
Members to the new Congress.

 THE NEW CONGRESS 4

The new Congress has the biggest membership and is probably the most powerful among its predecessor
legislatures. The Constitutional Commission (ConCom) clothed it with vast powers to perform a wider and more
dynamic role. This fact is partly reflected in the Charter itself, which devotes 32 sections to the legislative department
compared with only 23 for the executive and 16 for the judicial departments.

The new bicameral Congress consists of the Senate and the House of Representatives. The upper chamber or the
Senate is composed of 24 Members elected at-large by the qualified voters of the Philippines. On the other hand, the
lower chamber or the House of Representatives is composed of

 "not more than 250 Members, who are elected from legislative districts apportioned among the provinces, cities and
the Metropolitan Manila area in accordance with the number of inhabitants, and on the basis of a uniform and
progressive ratio and those, as provided by law, elected through a party-list system of registered national, regional and
sectoral parties or organizations". [Sec. 5(1), Art. VI, 1987 Philippine Constitution]

HOUSE OF REPRESENTATIVES OFFICIALS

The Officials of the House of Representatives are the Speaker, the Deputy Speakers, the Secretary General
and the Sergeant-at-Arms, who are elected by a majority vote of all the Members at the commencement of
each Congress; the Majority and Minority Leaders, who are elected in a party caucus of the ruling party and
the minority party, respectively.

More specifically, they perform the following functions:

The Speaker is the fourth highest official in the Philippine government. He:

 Presides over the sessions;

 Decides on all questions of order, subject to appeal by any Member;
 Signs all acts, resolutions, memorials, writs, warrants and subpoenas issued by or upon order of the
House;
 Appoints, suspends, dismisses or disciplines House personnel; and
 Exercises administrative functions.

The Deputy Speakers:

 Assumes the duties and powers of the Speaker when he is absent or incapacitated.
The Majority Leader:

 The Majority Leader is elected in a party caucus of the majority ruling party. His primary function,
aside from being the spokesman of the majority party, is to direct the deliberations on the floor.

The Minority Leader:

 The Minority Leader is the acknowledged spokesman of the minority party in the House. But it does
not necessarily follow that he is also the leader of the party because the minority party in the House
may be composed of one or more political groupings.

The Secretary General:

 Carries out and enforces orders and decisions of the House;

 Keeps the Journal of each session;
 Notes all questions of order together with the decisions thereon;
 Completes the printing and distribution of the Records of the House;
 Submits to the Speaker all contracts and agreements for his approval;
 Acts as the custodian of the property and records of the House and all other government property in
its premises;
 Subject to the supervision and control of the Speaker, the Secretary General is the immediate chief of
the personnel of the House and is responsible for the faithful and proper performance of their official
duties.

The Sergeant-at-Arms:

 Maintains order in the House of Representatives Building Complex;

 Enforces House Rules;
 Protects the lives of Officers and Members of the House, its personnel and guests as well as
properties found therein.

1. PREPARATION OF THE BILL

The Member or the Bill Drafting Division of the Reference and Research Bureau prepares and drafts the bill
upon the Member's request.

2. FIRST READING

1. The bill is filed with the Bills and Index Service and the same is numbered and reproduced.
2. Three days after its filing, the same is included in the Order of Business for First Reading.
3. On First Reading, the Secretary General reads the title and number of the bill. The Speaker refers the
bill to the appropriate Committee/s.

3. COMMITTEE CONSIDERATION/ACTION

1. The Committee where the bill was referred to evaluates it to determine the necessity of conducting
public hearings.
If the Committee finds it necessary to conduct public hearings, it schedules the time thereof, issues
public notics and invites resource persons from the public and private sectors, the academe and
experts on the proposed legislation.
 If the Committee finds that no public hearing is not needed, it schedules the bill for Committee
discussion/s.
2. Based on the result of the public hearings or Committee discussions, the Committee may introduce
amendments, consolidate bills on the same subject matter, or propose a subsitute bill. It then prepares
the corresponding committee report.
3. The Committee approves the Committee Report and formally transmits the same to the Plenary
Affairs Bureau.

4. SECOND READING

1. The Committee Report is registered and numbered by the Bills and Index Service. It is included in
the Order of Business and referred to the Committee on Rules.
2. The Committee on Rules schedules the bill for consideration on Second Reading.
3. On Second Reading, the Secretary General reads the number, title and text of the bill and the
following takes place:

1. Period of Sponsorship and Debate

2. Period of Amendments
3. Voting which may be by:

1. viva voce
2. count by tellers
3. division of the House; or
4. nominal voting

5. THIRD READING

1. The amendments, if any, are engrossed and printed copies of the bill are reproduced for Third
Reading.
2. The engrossed bill is included in the Calendar of Bills for Third Reading and copies of the same are
distributed to all the Members three days before its Third Reading.
3. On Third Reading, the Secretary General reads only the number and title of the bill.
4. A roll call or nominal voting is called and a Member, if he desires, is given three minutes to explain
his vote. No amendment on the bill is allowed at this stage.

1. The bill is approved by an affirmative vote of a majority of the Members present.

2. If the bill is disapproved, the same is transmitted to the Archives.

6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE

The approved bill is transmitted to the Senate for its concurrence.

7. SENATE ACTION ON APPROVED BILL OF THE HOUSE

The bill undergoes the same legislative process in the Senate.

8. CONFERENCE COMMITTEE

1. A Conference Committee is constituted and is composed of Members from each House of Congress
to settle, reconcile or thresh out differences or disagreements on any provision of the bill.
 2. The conferees are not limited to reconciling the differences in the bill but may introduce new
provisions germane to the subject matter or may report out an entirely new bill on the subject.
3. The Conference Committee prepares a report to be signed by all the conferees and the Chairman.
4. The Conference Committee Report is submitted for consideration/approval of both Houses. No
amendment is allowed.

9. TRANSMITTAL OF THE BILL TO THE PRESIDENT

Copies of the bill, signed by the Senate President and the Speaker of the House of Representatives and
certified by both the Secretary of the Senate and the Secretary General of the House, are transmitted to the
President.

10. PRESIDENTIAL ACTION ON THE BILL

1. If the bill is approved the President, the same is assigned an RA number and transmitted to the House
where it originated.
2. If the bill is vetoed, the same, together with a message citing the reason for the veto, is transmitted to
the House where the bill originated.

11. ACTION ON APPROVED BIL

The bill is reproduced and copies are sent to the Official Gasette Office for publication and distribution to
the implementing agencies. It is then included in the annual compilation of Acts and Resolutions.

12. ACTION ON VETOED BILL

The message is included in the Order of Business. If the 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 its
vetoed items is passed by a vote of two-thirds of the Members of each House, such bill or items shall
become a law.

NOTE: A joint resolution having the force and effect of a law goes through the same process.

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Preliminary Procedures

The procedures for introducing legislation and seeing it through committees are similar in both the
House of Representatives and the Senate. 
 Legislative proposals originate in a number of different ways. Members of the Senate, of course, develop
ideas for legislation. Technical assistance in research and drafting legislative language is available at the
Senate Legislative Technical Affairs Bureau. Special interest groups—business, religious, labor, urban and
rural poor, consumers, trade association, and the like—are other fertile sources of legislation. Constituents,
either as individuals or groups, also may propose legislation. Frequently, a member of the Senate will
introduce such a bill by request, whether or not he supports its purposes.

It must be noted also that much of the needed legislation of the country today considered by Congress
originates from the executive branch. Each year after the President of the Philippines outlines his legislative
program in his State-of-the-Nation Address, executive departments and agencies transmit to the House and
the Senate drafts of proposed legislations to carry out the President’s program.

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Introduction of Bills

No matter where a legislative proposal originates, it can be introduced only by a member of Congress. In
the Senate, a member may introduce any of several types of bills and resolutions by filing it with the Office
of the Secretary.

There is no limit to the number of bills a member may introduce. House and Senate bills may have joint
sponsorship and carry several members' names.

Major legislation is often introduced in both houses in the form of companion (identical) bills, the
purpose of which is to speed up the legislative process by encouraging both chambers to consider the
measure simultaneously. Sponsors of companion bills may also hope to dramatize the importance or urgency
of the issue and show broad support for the legislation.

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Types of Legislation

The type of measures that Congress may consider and act upon (in addition to treaties in the Senate)
include bills and three kinds of resolutions. They are:

1. Bills

These are general measures, which if passed upon, may become laws. A bill is prefixed with S., followed
by a number assigned the measure based on the order in which it is introduced. The vast majority of
legislative proposals––recommendations dealing with the economy, increasing penalties for certain crimes,
regulation on commerce and trade, etc., are drafted in the form of bills. They also include budgetary
appropriation of the government and many others. When passed by both chambers in identical form and
signed by the President or repassed by Congress over a presidential veto, they become laws.

2. Joint Resolutions
 A joint resolution, like a bill, requires the approval of both houses and the signature of the President. It
has the force and effect of a law if approved. There is no real difference between a bill and a joint resolution.
The latter generally is used when dealing with a single item or issue, such as a continuing or emergency
appropriations bill. Joint resolutions are also used for proposing amendments to the Constitution.

3. Concurrent Resolutions

A concurrent resolution is usually designated in the Senate as S. Ct. Res. It is used for matters affecting
the operations of both houses and must be passed in the same form by both of them. However, they are not
referred to the President for his signature, and they do not have the force of law. Concurrent resolutions are
used to fix the time of adjournment of a Congress and to express the “sense of Congress” on an issue.

4. Simple Resolutions

It is usually designated with P. S. Res. A simple resolution deals with matters entirely within the
prerogative of one house of Congress, such as adopting or receiving its own rules. A simple resolution is not
considered by the other chamber and is not sent to the President for his signature. Like a concurrent
resolution, it has no effect and force of a law. Simple resolutions are used occasionally to express the
opinion of a single house on a current issue. Oftentimes, it is also used to call for a congressional action on
an issue affecting national interest.

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Bill Referrals

Once a measure has been introduced and given a number, it is read and referred to an appropriate
committee. It must be noted that during the reading of the bill, only the title and the author is read on the
floor. The Senate President is responsible for referring bills introduced to appropriate committees. 

The jurisdictions of the Standing Committees are spelled out in Rule X, Section 13 of the Rules of the
Senate. For example, if a bill involves matters relating to agriculture, food production and agri-business, it
must be referred to the Committee on Agriculture and Food.

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In Committee

The standing committees of the Senate, operating as “little legislatures,” determine the fate of most
proposals. There are committee hearings scheduled to discuss the bills referred. Committee members and
staff frequently are experts in the subjects under their jurisdiction, and it is at the committee stage that a bill
comes under the sharpest scrutiny. If a measure is to be substantially revised, the revision usually occurs at
the committee level.

A committee may dispose of a bill in one of several ways: it may approve, or reject, the legislation with
or without amendments; rewrite the bill entirely; reject it, which essentially kills the bill; report it favorably
or without recommendation, which allows the chamber to consider the bill at all. It must be noted that under
Section 29, Rule XI of the Rules of the Senate, if the reports submitted are unfavorable, they shall be
transmitted to the archives of the Senate, unless five Senators shall, in the following session, move for their
inclusion in the Calendar for Ordinary Business, in which case the President shall so order.

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Committee Reports

A committee report describes the purpose and scope of the bill, explains any committee amendments,
indicates proposed changes in existing law and such other materials that are relevant. Moreover, reports are
numbered in the order in which they are filed and printed.

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Calendaring for Floor Debates: Consideration of, and Debates on Bills

Under Section 45 of Rule XVI of the Rules of the Senate, the Senate shall have three calendars, to wit:

A “Calendar for Ordinary Business," in which shall be included the bills reported out by the committees in
the order in which they were received by the Office of the Secretary; the bills whose consideration has been
agreed upon by the Senate without setting the dates on which to effect it; and also the bills whose
consideration has been postponed indefinitely;

A “Calendar for Special Orders,” in which the bills and resolutions shall be arranged successively and
chronologically, according to the order in which they were assigned for consideration; and

A “Calendar for Third Reading,” in which shall be included all bills and joint resolutions approved on
second reading.

Thus, a bill which has a committee report can be referred to the “Calendar for Ordinary Business.” It
may again be moved to its “Special Order of Business” for priority action.

On the other hand, the consideration and debate of bills and resolutions are spelled out in Rule XXV,
Section 71 of the Rules of the Senate. It provides as follows:

Sec. 71. The Senate shall adopt the following procedure in the consideration of bills and joint resolutions:

(a) Second reading of the bill.

(b) Sponsorship by the committee chairman, or by any member designated by the committee.

(c) If a debate ensues, turns for and against the bill shall be taken alternately: Provided, however, That any
committee member who fails to enter his objection or to make of record his dissenting vote after it shall have
been included in the Order of Business and read to the Senate in accordance with the second paragraph of
Section 24 hereof, shall not be allowed to speak against the bill during the period of general debate
although he may propose and speak or vote on amendments thereto.

(d) The sponsor of the bill or author of the motion shall have the right to close the debate.
(e) With the debate closed, the consideration of amendments, if any, shall be in order.

(f) After the period of amendments, the voting of the bill on Second Reading.

(g) Bills shall be submitted to final vote by yeas and nays after printed copies thereof in final form have been
distributed to the Members at least three (3) days prior to their passage, except when the President of the
Philippines certifies to the necessity of their immediate enactment to meet a public calamity or emergency,
in which case the voting on Third Reading may take place immediately after second reading.

After the bill is approved on Third Reading, it will be submitted to the House of Representatives for
consideration. A bill passed by the Senate and transmitted to the House usually goes to a committee, unless a
House bill on the same subject has already been reported out by the appropriate committee and placed on the
calendar.

Under normal procedures, therefore, a bill passed by one chamber and transmitted to the other is referred
to the appropriate committee, from which it must follow the same route to passage as a bill originating from
that chamber.

Amendments may be offered at both the committee and floor action stages, and the bill as it emerges
from the second chamber may differ significantly from the version passed by the first. A frequently used
procedure when this occurs is for the chamber that acts last to bring up the other chamber’s bill and
substitute its own version, then retaining only the latter’s bill number. That numbered bill, containing the
Senate and House version, is then sent to a conference committee to resolve all differences.

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Conference Committee Action

Calling a Conference

Either chamber can request a conference once both have considered the same legislation. Generally, the
chamber that approved the legislation first will disagree to the amendments made by the second body and
will make a request that a conference be convened. Sometimes, however, the second body will ask for a
conference immediately after it has passed the legislation, assuming that the other chamber will not accept
its amendments.

Selection of Conferees

Under the Rules of the Senate (Rule XII, Section 34), the Senate President shall designate the members
of the Senate panel in the conference committee with the approval of the Senate. The Senate delegation to a
conference can range in size from three to a larger number, depending on the length and complexity of the
legislation involved.

Authority of Conferees

The authority given to the Senate conferees theoretically is limited to matters in disagreement between
the two chambers. They are not authorized to delete provisions or language agreed to by both the House and
the Senate as to draft entirely new provisions.
 In practice, however, the conferees have wide latitude, except where the matters in disagreement are
very specific. Moreover, conferees attempt to reconcile their differences, but generally they try to grant
concession only insofar as they remain confident that the chamber they represent will accept the
compromise.

The Conference Report

When the conferees have reached agreement on a bill, the conference committee staff writes a
conference report indicating changes made in the bill and explaining each side’s actions.

Once a conference committee completes its works, it can now be submitted to the floor for its approval.
Debate on conference reports is highly privileged and can interrupt most other business.

Approval of the conference report by both houses, along with any amendments on disagreement,
constitutes final approval of the bill.

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Final Legislative Action

After both houses have given final approval to a bill, a final copy of the bill, known as the “enrolled
bill,” shall be printed, and certified as correct by the Secretary of the Senate and the Secretary General of the
House of Representatives. After which, it will be signed by the Speaker of the House and the Senate
President.

A bill may become a law, even without the President’s signature, if the President does not sign a bill
within 30 days from receipt in his office. A bill may also become a law without the President’s signature if
Congress overrides a presidential veto by two-thirds vote.

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Summary

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.

Committee Hearings/Report
 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 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 that of 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. Conference committee
submits 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

Final enrolled form is submitted to Malacañang. The President either signs it into law, or vetoes and
sends it back to the Senate with veto message.