a. Form and Manner of Passage of Bills

G. Law-making process

1987 CONST., art. VI, secs. 26-27

> SECTION 26. (1) Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.

(2) No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. 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 in the Journal.

SECTION 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the same with his objections to the House where it originated, which shall enter the objections at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of that House, it shall become a law. In all such cases, the votes of each House shall be determined by yeas or nays, and the names of the Members voting for or against shall be entered in its Journal. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof; otherwise, it shall become a law as if he had signed it.

(2) The President shall have 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.

Bills that must originate in the House (PuP-TL) (PHIL. CONST., art. VI, § 24.)

Note: While these bills must originate from the House, the Senate may introduce amendments and pass a completely different bill from the original one from the house. What is required only is that the bill originate in the House.

• Appropriation bills
• Bills authorizing the increase of Public debt.
• One which creates public indebtedness such as bills for the issuance of bonds and other forms of obligations
• Private bills
• One affecting purely private interest, such as one granting a franchise.
• Tariff bills
• One that specifies the rates or duties to be imposed on imported articles
• Bills of Local application
• A bill of local application, such as one asking for the conversion of a municipality into a city, is deemed to have originated from the House provided that the bill of the House was filed prior to the filing of the bill in the Senate; even if in the end, the Senate approved its own version (Tolentino v. Secretary of Finance, G.R. No. 115455, Oct. 30, 1995).
• Revenue Bills
• One specifically designed to raise money or revenue through imposition or levy.
• For example, registration fees used for the construction and maintenance of highways. (PAL vs. Edu, G.R. No. L-41383, Aug. 15, 1988).
• The Videogram Regulatory Board Law imposing a tax on video rentals does not make the law a revenue bill because the purpose is primarily regulation, and not to raise revenue. (Tio v. Videogram Regulatory Board, G.R. No. L-75697, June 18, 1987)

General Limitations (PHIL. CONST., art. VI, § 26.) Every bill shall embrace only one (1) subject, as expressed in the title thereof, which does not have to be a complete catalogue of everything stated in the bill.

An Act creating the Videogram Regulatory Board including 30% tax on gross receipts on video transactions was held to be valid. Taxation is sufficiently related to regulation of the video industry (Tio v. Videogram Regulatory Board, G.R. No. L75697, June 18, 1987).

It is sufficient that the title expressing the general subject of the bill and all the provisions of the statute are germane to such general subject (Sumulong v. COMELEC, G.R. No. L-48609, Oct. 10, 1941).

Bills passed by either House must pass 3 readings on separate days, and printed copies thereof in its final form distributed to its members 3 days before its passage.

FIRST READING - Only the title is read; the bill is passed to the proper committee

SECOND READING - Entire text is read and debates are held; amendments introduced.

THIRD READING - Only the title is read, no amendments are allowed. Vote shall be taken immediately thereafter and the yeas and nays entered in the journal.

Exceptions:

• When the President certifies to the necessity of the bill’s immediate enactment to meet a public calamity or emergency, the three readings can be held on the same day. (PHIL. CONST., art. VI, § 26(2).)
• When the offices of the President and Vice-President are both vacant, the bill calling for a special election to elect a President and Vice-President is deemed certified. (PHIL. CONST., art. VII, § 10.)

BICAMERAL CONFERENCE COMMITTEE

A bicameral conference committee is an extraconstitutional body composed of members designated by the House of Representatives and the Senate. It proposes ways to resolve differences between the versions of a bill separately approved by the two Houses. (Bernas, 1987 Philippine Constitution: A Commentary, 790, 2009).

The committee may:

• Adopt a bill in its entirety;
• Amend or revise a bill;
• Reconcile the House and Senate versions; or
• Propose provisions absent from both versions, including an amendment in the nature of a substitute.

Limitation: An amendment must be germane to the subject of the bills before the committee. The committee’s report is not final; it must be approved by both Houses to become a valid legislative act. (Tolentino v. Secretary of Finance, G.R. No. 115455, Aug. 25, 1994).

General Rule

A bill is presented to the President and becomes law upon presidential approval, a two-thirds veto override by each House, or the President’s failure to communicate a veto within 30 days of receipt.

Special Purpose Fund

A special appropriations bill shall specify the purpose for which it is intended, and shall be supported by funds actually available as certified by the National Treasurer, or to be raised by a corresponding revenue proposal therein. (Belgica v. Ochoa, Jr. G.R. No. 208566, 19 November 2013)

As to titles of bills

SECTION 26(1), ARTICLE VI. Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof. xxx

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One Subject One Title Rule

• To prevent hodge-podge, "log-rolling", or the smuggling in of "riders", that is, "any act containing several subjects dealing with unrelated matters representing diverse interests.
• To prevent surprise or fraud upon the legislature
• To fairly apprise the people of the subjects of legislation that are being considered in order that they may have the opportunity of being heard thereon, by petition or otherwise if they should so desire.
• But the title need not be a complete catalogue of a bill. In any case, a title must not be "so uncertain that the average person reading it would not be informed of the purpose of the enactment.
• The title must express the bill’s subject but does not override clear statutory text; provisions germane to that subject may appear in the text (1987 Constitution, Art. VI, Sec. 26(1)). [Dela Cruz v. Paras, G.R. No. L-42571-72 (1983)] Owner check: verify the intended proposition attributed to this case.

House Rules

• 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.
• First reading
• The bill is filed with the Bills and Index Service and the same is numbered and reproduced.
• Three days after its filing, the same is included in the Order of Business for First Reading.
• On First Reading, the Secretary General reads the title and number of the bill. The Speaker refers the bill to the appropriate Committee/s.
• Committee consideration / action
• 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 notice and invites resource persons. If the Committee finds that no public hearing is needed, it schedules the bill for Committee discussion/s.
• 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 substitute bill. It then prepares the corresponding committee report.
• The Committee approves the Committee Report and formally transmits the same to the Plenary Affairs Bureau.
• Second reading
• 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.
• The Committee on Rules schedules the bill for consideration on Second Reading.
• On Second Reading, the Secretary General reads the number, title and text of the bill and the following takes place:
• Period of Sponsorship and Debate
• Period of Amendments
• Voting which may be done by:
• viva voce
• count by tellers
• division of the House; or
• nominal voting
• Third reading
• The amendments, if any, are engrossed and printed copies of the bill are reproduced for Third Reading.
• 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.
• On Third Reading, the Secretary General reads only the number and title of the bill.
• 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.
• The bill is approved by an affirmative vote of a majority of the Members present.
• If the bill is disapproved, the same is transmitted to the Archives.
• Transmittal of the approved bill to the Senate
• The approved bill is transmitted to the Senate for its concurrence.
• Senate action on approved bill of the House
• The bill undergoes the same legislative process in the Senate.
• Conference committee (Bicameral)
• 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
• 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.
• The Conference Committee prepares a report to be signed by all the conferees and the Chairman.
• The Conference Committee Report is submitted for consideration/approval of both Houses. No amendment is allowed.
• 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.
• Presidential action on the bill
• If the bill is approved by the President, the same is assigned an RA number and transmitted to the House where it originated.
• 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.
• Action on approved bill
• The bill is reproduced and copies are sent to the Official Gazette Office for publication and distribution to the implementing agencies. It is then included in the annual compilation of Acts and Resolutions.
• 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.

A joint resolution is not a bill, and its passage does not enact the joint resolution into a law even if it follows the requirements expressly prescribed in the Constitution for enacting a bill into law. However, a joint resolution can be part of the implementation of a law as provided in the law itself. A joint resolution can also be treated as a recommendation to the Executive on how the law can be implemented. Further, neither the Rules of the Senate nor the Rules of the House of Representatives can amend the Constitution which recognizes only a bill can become law [Ang Nars Party-List v. Executive Secretary, G.R. No. 215746 (2019)].

SECTION 26(2), ARTICLE VI. No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. 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 in the Journal.

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Formal/Procedural Limitations

• Prescribes the manner of passing bills and the form they should take.
• Rider clause: Every bill passed by the Congress shall embrace only one subject, which shall be expressed in the title [Section 26(1), Article VI, 1987 Constitution].
• The title is not required to be an index of the contents of the bill. It is sufficient compliance if the title expresses: (a) the general subject; and (b) all the provisions of the statute are germane to that subject [Tio v. Videogram Regulatory Board, G.R. No. L-75697 (1987)].
• No bill passed by either house shall become law unless it has passed three (3) readings on separate days [Section 26(2), Article VI, 1987 Constitution].
• Printed copies of the bill in its final form must be distributed to the members three days before its passage, unless the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency.

Exception: When the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency

Presidential certification dispenses with (1) the printing requirement; and (2) the requirement for readings on separate days [Kida v. Senate of the Philippines, G.R. No. 196271 (2012), citing Tolentino v. Secretary of Finance, supra]

Tax Exemptions

No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of Congress [Section 28(4), Article VI, 1987 Constitution].

There is no vested right in a tax exemption. Being a mere statutory privilege, a tax exemption may be modified or withdrawn at will by the granting authority [Republic v. Caguioa, G.R. No. 168584 (2007)].

Exemptions may either be constitutional or statutory:

• Constitutional exemptions [Section 28(3), Article VI, 1987 Constitution]
• If statutory, it has to have been passed by majority of all the members of Congress [Section 28(4), Article VI, 1987 Constitution]