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I. Law-Making Process in The Philippines

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I. LAW-MAKING PROCESS IN THE PHILIPPINES.

A. ENACTING A STATUTE
Enactment of statute (laws) is the constitutional power of the
Legislative branch of our government. The legislative branch includes
the House of Representative and the Senate. The Speaker of the House
heads the House of Representatives, while the Senate President heads
the Senate. The following are the process of how a statute is being
enacted.
1. 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.
2. First Reading
Its title, bill number, and authors name are read on the floor, after
which it is referred to the proper committee.
3. 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.
4. Calendaring for Second Reading
The Committee Report with its approved bill version is submitted to
the Committee on Rules for calendaring for Second Reading.
5. Second Reading
Bill author delivers sponsorship speech on the floor. Members of the
Assembly 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 Members of the Assembly
themselves on the floor.
6. Voting on Second Reading

Members of the Assembly vote on the second reading version of the


bill. If approved, the bill is calendared for third reading.
7. Voting on Third Reading
Printed copies of the bills final version are distributed to the
Members of the Assembly. 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 other House for concurrence.
At the House of Representatives
The other House follows the same procedures (First Reading,
Second Reading and Third Reading).
If the two versions are compatible, the final versions 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.
8. Submission to Malacaang
Final enrolled form is submitted to Malacaang. The President either
signs it into law, or vetoes and sends it back to the Senate with veto
message.
B. ENACTING A LOCAL ORDINANCE
Local legislation is performed by the Sanggunian Panlalawigan
(Provincial Level), Sanggunian Panglungsod (City), Sangunian
Pambayan (Municipal) and Sangguniang Barangay (Barangay). It is
headed by wither by the Vice-Governor or the Vice-Mayor. The
following are the steps in enacting an ordinance in the level of Local
Government Unit.
Phase 1. Introduction or Sponsorship
Step 1. A sanggunian member or group of members files the measure
with the secretary in its draft form.
Step 2. The secretary records the draft measure in a logbook with the
following information:

Name of the author/authors


Title of the proposed ordinance or resolution
Date filed, and
The number assigned to it.

Step 3. The title of the measure is read on first reading. If a measure is


proposed by a committee and presented with a report, it need not go
through first reading but is scheduled for second reading.
Step 4. The presiding officer assigns the measure to a committee that
will study it.
Phase 2. Committee Deliberation and Action
Step 5. The committee conducts a meeting and/or hearing to hear the
arguments for and against the measure; members of government
agencies and nongovernmental organizations can attend these.
Step 6. The committee takes action by reporting out the measure. The
committee action is either favorable or unfavorable.

If favorable, report is submitted to the committee on rules which


calendars the measure for second reading.
If unfavorable, measure is laid on the table, the author or authors
are given notice stating reasons for the action.
To ensure that all measures are acted upon without delay,
committees may be mandated by the internal rules to prepare a
report whether action on a measure is favorable or unfavorable.
This will ensure no measure is left unacted and build the civil
society groups trust in the sincerity and capacity of the
sanggunian to address community issues and problems.

Phase 3. Sanggunian Deliberations


Step 7. The measure is read in its entirety on second reading during a
session.
Step 8. The committee that studied the measure sponsors it on the
floor by explaining the nature of the measure and recommending its
approval by the body.
Step 9. The measure is subjected to debate and amendments.

Step 10. The secretary prepares copies of the measure incorporating


the amendments and distributes these to the members at least three
days before its third and final reading.
Phase 4. Third Reading and Final Voting
Step 11. The measure is voted upon on third reading in the session.

A quorum must be present before voting is taken.


The number of those who voted for and against is recorded.
The measure is deemed approved by the sanggunian. The
secretary certifies the measure correct and the presiding officer
signs it before it is transmitted to the LCE for approval.

Phase 5. Approval and Review


Step 12. The approved measure is presented to the LCE for action. The
LCE may approve or veto the ordinance.

If the LCE approves the measure, he/she affixes his/her signature


on each and every page of the measure.
If it is vetoed by the LCE, the measure is returned to the
sanggunian for reconsideration.
The veto shall be communicated to the sanggunian within 15
days in the case of the province, and 10 days in the case of city
or municipality; otherwise, the ordinance is deemed approved as
if the LCE had signed it.
The sanggunian may override the veto with a two thirds vote of
its members making the ordinance or resolution legal and
binding.

Step 13. An approved ordinance or resolution goes to a higher level


sanggunian for review.

An ordinance or resolution from a component city or municipality


shall be reviewed by the provincial sanggunian three days after
its approval.
An ordinance or resolution of a sangguniang barangay shall be
submitted for review within 10 days after its enactment.
If no action is taken by a higher-level sanggunian within 30 days
after submission of an ordinance or resolution, it shall be deemed
valid.

Phase 6. Publication and Effectivity

Step 14. The secretary shall order the posting of the ordinance or
resolution in a bulletin board at the entrance to the city or municipal
hall or at the provincial capitol; and in at least two conspicuous places
in the LGU concerned not later than five days after its approval.

The text of the ordinance or resolution shall be disseminated in


Pilipino or English and in the Philippine dialect understood by the
majority of the people.
Unless otherwise stated in therein, the ordinance shall take effect
ten days from the date a copy of it is posted.
Ordinances with penal provisions shall be posted for a minimum
of three consecutive weeks, and published in a newspaper of
general circulation within the territorial jurisdiction of the local
government unit concerned except in the case of barangay
ordinances. Unless otherwise provided therein, the ordinance
shall take effect on the day following its publication, or at the end
of the period of posting, whichever occurs later.

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