Legislation

Laws are set of rules or pieces of legislation that are formulated by the government and are meant to
be followed by all citizens of a state.

 A law is also referred to as a statutory law or legislation.

 Laws are made by a legislative body, such as congress.

Laws embody the principles and ideals of the state; ensure that social and political order are maintained
and enable the state to achieve its goals.

Legislation refers to the act of making laws, and is one of the powers of government.

Rule of Law

Rule of Law is a principle centered on the belief that a state should be governed by laws and not by
arbitrary decisions of leaders of government officials.

 Meaning that the basis of the law should be defined by the constitution, not by the induvial
decisions of leaders.

Rule of Man

Rule of Man is a type of personal rule in an unaccountable rebounded society where rules change
from ruler to ruler. It is a society in which one person, regime, or a group of persons, rules arbitrarily.

 Meaning that the rules or laws may change or differ depending on the current leader of the state.
 It also refers to the rules that are created outside of the constitution.

The Nature of the Philippine Laws

Constitution is the supreme law of the land. It defines the role, powers, and structure of different entities
within a state

 It is the basis and foundation of all laws in the country.

 It is also an organic law or a law that describes and organizes the government that will run the
state.
 One example is the 1987 Constitution

Republic Acts are laws which create policies to carry out the principles stated in the constitution.

 These are crafted, passed by congress and approved by the president.

 These acts are enforced by the government and must be followed by all citizens of the
country.

Types of Laws

Administrative Laws refer to legislation specifically concerned with the activities and actions of
government agencies and departments.
Civil Service Laws pertain to public service, particularly the employment, selection, and promotion of
public workers and other agreements.
Criminal Laws address crimes, ad outline criminal behaviors and their appropriate actions.
Labor Laws address the relationship between employers and workers and outline their rights,
responsibilities and privileges.
Commercial Laws focus on trade concerns, particularly the production, distribution, exchange, and
pricing of goods and services.
Taxation Laws identify, determine and regulate the type of taxes to be levied from a particular business,
trade or activity.
At the local level, the power of legislation is wielded by the barangay, city, municipal and provincial
councils.

The President may also execute pronouncements that are not legislation but have the effect of law
since they are also implemented by the government and to be followed by the citizens of the country.

These include:

Executive Orders are rules based on the powers of the President as head of the executive branch of
government.

 They address the organization of government offices and authorize departments to perform an
action.

Administrative Orders are laws which are enacted to help the President improve his or her
management of government.

 These include the creation of bodies such as task force or an executive committee or the
implementation of rules and regulations for a government agency.

Proclamations are issuances that primarily set dates of national or local interest, such as holidays and
commemorations.

 Proclamations also cover declaration of state of emergency as well as martial law.

 All these executive pronouncements must be based on legislations and are subject to judicial
review.

The Judiciary also exerts significant influences in making laws. Certain decisions of the supreme court
establish a precedent that influences the interpretation of laws in the country.

The Supreme Court is the final authority that determines whether a law is acceptable or constitutional.

o The important characteristics of laws are validity and continuity. The validity of laws is determined
through a collaborative process involving all of the branches of government.

The Congress, for instance, ensures that new laws do not duplicate or contradict pre-existing laws.

Continuity of Laws means that a law remains valid until either amended or repealed or replaced by a
new law.

The Philippine Congress

The Philippine Congress is the legislative branch of the government which has the power to
create laws.

 It is a bicameral body composed of two houses; the Upper House or Senate and the Lower
House or the House of Representatives.

The Senate is composed of 24 senators who are elected nationally. Each senator serves a six-year
term of office, for a maximum of two consecutive terms. According to the Constitution, those who aim
to obtain a position in the senate are required to meet the following qualifications:

1. Must be a natural –born Filipino citizen

2. Must be at least 35 years old on the day of the election;
3. Must be literate;
4. Must be a registered voter; and
5. Must have lived in the Philippines for at least two years before the day of the election.
Senate officers in various Offices:

Senate President. The highest official in the Senate who leads the senate sessions and ensures order in
all proceedings. He is considered the third highest official in the government after the President and Vice
President.

Senate Pre-Tempore. He performs the functions of the Senate President in case of the latter’s prolonged
absence, incapacity or removal from office.

Majority Floor Leader and Minority Floor Leader work together in endorsing, analyzing, and evaluating
proposed pieces of legislations in the senate.

The House of the Representatives is composed of representatives who are referred to Congressmen
and Congresswomen. The members of the House of the Representatives are given three-year term, and
may serve not more than three consecutive terms in office.

The constitution states that House of the Representatives is composed of 250 members.

Each member is classified either as a district representative or party-list representative. They comprise
the majority of the House of the representatives. These representatives are elected by constituents
residing in their respective congressional districts.

The party-list representatives make up 20 percent of the members of the House of the
Representatives. They do not represent a certain geopolitical area of the country; instead, they come from
organizations corresponding to the various sectors of the society, such as the youth, women, the labor
sector, and the indigenous communities among others.

The constitution states that an individual running for a position in the House of the Representatives
must be:

1. A natural- born Filipino

2. At least 25 years old by he day of the elections; and
3. Literate
4. Must be a registered voter of the district in which he or she shall be elected; and
5. Must have lived in the same district for at least a year before the day of the election.

Officials in the House of the Representatives

Speaker of the House is the presiding officer during the sessions and is the key decision-maker in the
House. He or she is also the chief administrative officer of the House.

Deputy Speakers They are the second-in-power after the speaker. The deputy speakers may give
recommendations regarding the legislative process, and appoint House staff upon the authorization by
the Speaker.

The Majority Floor Leader serves as the spokesperson of the majority party in the House.

The Minority Floor Leader acts as the spokesperson of the minority group.

The Security-General secures and manages the House records and property as well as contracts and
agreements related to the activities of the House.

Sergeant-at-arms is tasked to maintain order and safety inside the premises of the House of the
Representatives.
How a Bill Becomes a Law

Authorship of a Bill

 Both the House of the Representative and the Senate addresses issues on the National and
Local levels.
 Bills are submitted for consideration
 Bills submitted by the Senate are labeled as “Senate Bill (SB)”
 Bills submitted by the House of the Representatives are labeled as “House Bill (HB)”

First Reading

 The bill is introduced

 The Author and Title of the Bill is read
 The contents of the document is referred to the appropriate committee depending on the agenda.

Committee on Consideration

 Appropriate committees evaluates the bill, and may conduct public hearings.
 During public hearings, experts are invited to provide insights and improvements.
 After the public hearings, the committee may introduce amendments (changes) or evaluations.
 Then the committee will conduct a report.

Example:

A bill on the agenda of crime is submitted. It will be referred to the committee on justice. Then
submitted for deliberation, discussion and evaluation.

Second Reading

Calendar of Business – where the sponsorship and generation of support from other House Members
takes place
Period of Debate – where the contents of the bill are deliberated amongst the legislators.
Period of Amendments – where the bill undergoes revisions
Nominal Voting – voting process amongst two senate houses. Majority is considered.

Third Reading

 Bill is revised.
 Roll call voting takes place
 Must state why they support or oppose the bill.

In the event that two hoses disagree, the Bicameral Conference Committee will step in, and settle.

Presidential Action

 The President will either sign the bill or veto it

 If the bill is vetoed, it is called pigeonholed
 Vetoed bill by the President can be overwritten by a majority vote by the congress
 After approval, the law takes place after 15 days
 If the bill is left unsigned for 30 days, it automatically becomes a law.