How does the Law become Law?

A. Legislation is Introduced

- Any member can introduce a piece of legislation

House

- Legislation is handed to the clerk of the House or placed in the hopper.

Senate

- Members must gain recognition of the presiding officer to announce the introduction of a bill during
the morning hour. If any senator objects, the introduction of the bill is postponed until the next day.

B. Committee Action

- The bill is referred to the appropriate committee by the Speaker of the House or the presiding officer in
the Senate. Most often, the actual referral decision is made by the House or Senate parliamentarian.
Bills may be referred to more than one committee and it may be split so that parts are sent to different
committees. The Speaker of the House may set time limits on committees. Bills are placed on the
calendar of the committee to which they have been assigned. Failure to act on a bill is equivalent to
killing it. Bills in the House can only be released from committee without a proper committee vote by a
discharge petition signed by a majority of the House membership (218 members).

Steps in Committee:

Comments about the bill's merit are requested by government agencies.

Bill can be assigned to subcommittee by Chairman.

Hearings may be held.

Subcommittees report their findings to the full committee.

Finally there is a vote by the full committee - the bill is "ordered to be reported."

A committee will hold a "mark-up" session during which it will make revisions and additions. If
substantial amendments are made, the committee can order the introduction of a "clean bill" which will
include the proposed amendments. This new bill will have a new number and will be sent to the floor
while the old bill is discarded. The chamber must approve, change or reject all committee amendments
before conducting a final passage vote.

In the House, most bills go to the Rules committee before reaching the floor. The committee adopts
rules that will govern the procedures under which the bill will be considered by the House. A "closed
rule" sets strict time limits on debate and forbids the introduction of amendments. These rules can have
a major impact on whether the bill passes. The rules committee can be bypassed in three ways:

Members can move rules to be suspended (requires 2/3 vote)

A discharge petition can be filed

The House can use a Calendar Wednesday procedure.

C. Floor Action

Legislation is placed on the Calendar

House: Bills are placed on one of four House Calendars. The Speaker of the House and the Majority
Leader decide what will reach the floor and when. (Legislation can also be brought to the floor by a
discharge petition.)

Senate: Legislation is placed on the Legislative Calendar. There is also an Executive calendar to deal with
treaties and nominations. Scheduling of legislation is the job of the Majority Leader. Bills can be brought
to the floor whenever a majority of the Senate chooses.

Debate

House: Debate is limited by the rules formulated in the Rules Committee. The Committee of the Whole
debates and amends the bill but cannot technically pass it. Debate is guided by the Sponsoring
Committee and time is divided equally between proponents and opponents. The Committee decides
how much time to allot to each person. Amendments must be germane to the subject of a bill - no riders
are allowed. The bill is reported back to the House (to itself) and is voted on. A quorum call is a vote to
make sure that there are enough members present (218) to have a final vote. If there is not a quorum,
the House will adjourn or will send the Sergeant at Arms out to round up missing members.

Senate: debate is unlimited unless cloture is invoked. Members can speak as long as they want and
amendments need not be germane - riders are often offered. Entire bills can therefore be offered as
amendments to other bills. Unless cloture is invoked, Senators can use a filibuster to defeat a measure
by "talking it to death."

Vote - the bill is voted on. If passed, it is then sent to the other chamber unless that chamber already has
a similar measure under consideration. If either chamber does not pass the bill then it dies. If the House
and Senate pass the same bill then it is sent to the President. If the House and Senate pass different bills
they are sent to Conference Committee. Most major legislation goes to a Conference Committee.

D. Conference Committee

Members from each house form a conference committee and meet to work out the differences. The
committee is usually made up of senior members who are appointed by the presiding officers of the
committee that originally dealt with the bill. The representatives from each house work to maintain
their version of the bill.

If the Conference Committee reaches a compromise, it prepares a written conference report, which is
submitted to each chamber.

The conference report must be approved by both the House and the Senate.

E. The President

The bill is sent to the President for review.

A bill becomes law if signed by the President or if not signed within 10 days and Congress is in session.

If Congress adjourns before the 10 days and the President has not signed the bill then it does not
become law ("Pocket Veto.")

If the President vetoes the bill it is sent back to Congress with a note listing his/her reasons. The
chamber that originated the legislation can attempt to override the veto by a vote of two-thirds of those
present. If the veto of the bill is overridden in both chambers then it becomes law.

F. The Bill Becomes A Law

Once a bill is signed by the President or his veto is overridden by both houses it becomes a law and is
assigned an official number.

GLOSSARY OF TERMS

House Legislative Calendars

The Union Calendar

- A list of all bills that address money and may be considered by the House of Representatives.
Generally, bills contained in the Union Calendar can be categorized as appropriations bills or bills raising
revenue.

The House Calendar

- A list of all the public bills that do not address money and maybe considered by the House of
Representatives.

The Corrections Calendar

- A list of bills selected by the Speaker of the House in consultation with the Minority leader that will be
considered in the House and debated for one hour. Generally, bills are selected because they focus on
changing laws, rules and regulations that are judged to be outdated or unnecessary. A 3/5 majority of
those present and voting is required to pass bills on the Corrections Calendar.

The Private Calendar

- A list of all the private bills that are to be considered by the House. It is called on the first and third
Tuesday of every month.

Types of Legislation

Bills

- A legislative proposal that if passed by both the House and the Senate and approved by the President
becomes law. Each bill is assigned a bill number. HR denotes bills that originate in the House and S
denotes bills that originate in the Senate.

Private Bill

- A bill that is introduced on behalf of a specific individual that if it is enacted into law only affects the
specific person or organization the bill concerns. Often, private bills address immigration or
naturalization issues.

Public Bill

- A bill that affects the general public if enacted into law.

Simple Resolution

- A type of legislation designated by H Res or S Res that is used primarily to express the sense of the
chamber where it is introduced or passed. It only has the force of the chamber passing the resolution. A
simple resolution is not signed by the President and cannot become Public Law.

Concurrent Resolutions

- A type of legislation designated by H Con Res or S Con Res that is often used to express the sense of
both chambers, to set annual budget or to fix adjournment dates. Concurrent resolutions are not signed
by the President and therefore do not hold the weight of law.

Joint Resolutions

- A type of legislation designated by H J Res or S J Res that is treated the same as a bill unless it proposes
an amendment to the Constitution. In this case, 2/3 majority of those present and voting in both the
House and the Senate and 3/4 ratification of the states are required for the Constitutional amendment
to be adopted.

Other Terms

Calendar Wednesday

- A procedure in the House of Representatives during which each standing committees may bring up for
consideration any bill that has been reported on the floor on or before the previous day. The procedure
also limits debate for each subject matter to two hours.

Cloture

- A motion generally used in the Senate to end a filibuster. Invoking cloture requires a vote by 3/5 of the
full Senate. If cloture is invoked further debate is limited to 30 hours, it is not a vote on the passage of
the piece of legislation.

Committee of The Whole

- A committee including all members of the House. It allows bills and resolutions to be considered
without adhering to all the formal rules of a House session, such as needing a quorum of 218. All
measures on the Union Calendar must be considered first by the Committee of the Whole.

Co-Sponsor

- A member or members that add his or her name formally in support of another members bill. In the
House a member can become a co-sponsor of a bill at any point up to the time the last authorized
committee considers it. In the Senate a member can become a co-sponsor of a bill anytime before the
vote takes place on the bill. However, a co-sponsor is not required and therefore, not every bill has a co-
sponsor or co-sponsors.

Discharge Petition
- A petition that if signed by a majority of the House, 218 members, requires a bill to come out of a
committee and be moved to the floor of the House.

Filibuster

- An informal term for extended debate or other procedures used to prevent a vote on a bill in the
Senate.

Germane

- Relevant to the bill or business either chamber is addressing. The House requires an amendment to
meet a standard of relevance, being germane, unless a special rule has been passed.

Hopper

- Box on House Clerk's desk where members deposit bills and resolutions to introduce them.

Morning Hour

- A 90 minute period on Mondays and Tuesdays in the House of Representatives set aside for five
minute speeches by members who have reserved a spot in advance on any topic.

Motion to Recommit

- A motion that requests a bill be sent back to committee for further consideration. Normally, the
motion is accompanied by instructions concerning what the committee should change in the legislation
or general instructions such as that the committee should hold further hearings.

Motion to Table

- A motion that is not debatable and that can be made by any Senator or Representative on any pending
question. Agreement to the motion is equivalent to defeating the question tabled.

Quorum

- The number of Representatives or Senators that must be present before business can begin. In the
House 218 members must be present for a quorum. In the Senate 51 members must be present
however, Senate can conduct daily business without a quorum unless it is challenged by a point of
order.

Rider

- An informal term for an amendment or provision that is not relevant to the legislation where it is
attached.

Sponsor

- The original member who introduces a bill.

Substitute Amendment

- An amendment that would replace existing language of a bill or another amendment with its own.

Suspension of the Rules

- A procedure in the House that limits debate on a bill to 40 minutes, bars amendments to the legislation
and requires a 2/3 majority of those present and voting for the measure to be passed.

Veto

- A power that allows the President, a Governor or a Mayor to refuse approval of a piece of legislation.
Federally, a President returns a vetoed bill to the Congress, generally with a message. Congress can
accept the veto or attempt to override the veto by a 2/3 majority of those present and voting in both
the House and the Senate.
Impeachable offenses[edit]
The Constitution limits the offenses to the following: culpable violation of the Constitution, treason,
bribery, graft and corruption, other high crimes, or betrayal of public trust. In the 1935 and 1973
constitution, betrayal of public trust was not an impeachable offense.

Culpable violation of the constitution[edit]

For purposes of impeachment, "culpable violation of the Constitution" is defined as "the deliberate
and wrongful breach of the Constitution." Further, "Violation of the Constitution made unintentionally,
in good faith, and mere mistakes in the proper construction of the Constitution, do not constitute an
impeachable offense."

Treason[edit]
According to the Revised Penal Code, treason is defined as "Any Filipino citizen who levies war
against the Philippines or adheres to her enemies, giving them aid or comfort within the Philippines
or elsewhere."

Bribery[edit]
The Revised Penal Code defines bribery in two forms:

 Direct bribery is "committed by any public officer who shall agree to perform an act constituting a
crime, in connection with the performance of this official duties, in consideration of any offer,
promise, gift or present received by such officer, personally or through the mediation of another."
 Indirect bribery is "committed by a public officer when he accept gifts offered to him by reason of
his office."
Graft and corruption[edit]
Any violation of the Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act is an
impeachable offense, on which A public official found to have acquired, whether in his name or in the
name of other persons, an amount of property and/or money manifestly out of proportion to his
salary. [1]

Betrayal of Public Trust[edit]

Betrayal of public interest, inexcusable negligence of duty, tyrannical abuse of power, breach of
official duty by malfeasance or misfeasance, cronyism favoritism, etc. to the prejudice of public
interest and which tend to bring the office into disrepute. [2]

Other high crimes[edit]

Offenses which like treason and bribery, are so serious and enormous a nature as to strike at the
very life or the orderly workings of the government[3]
In Francisco Jr. vs. Nagmamalasakit na mga Manananggol ng mga Manggagawang Pilipino, Inc.,
the Supreme Courtpurposely refused to define the meaning of "other high crimes or betrayal
of public trust," saying that it is "a non-justiciable political question which is beyond the scope of its
judicial power." However, the Court refuses to name which agency can define it; the Court impliedly
gives the power to the House of Representatives, which initiates all cases of impeachment.
 EXECUTIVE DEPARTMENT

Section 1. The executive power shall be vested in the President of the Philippines.

Section 2. No person may be elected President unless he is a natural-born citizen of the

Philippines, a registered voter, able to read and write, at least forty years of age on the
day of the election, and a resident of the Philippines for at least ten years immediately
preceding such election.

Section 3. There shall be a Vice-President who shall have the same qualifications and
term of office and be elected with, and in the same manner, as the President. He may be
removed from office in the same manner as the President.

The Vice-President may be appointed as a Member of the Cabinet. Such appointment

requires no confirmation.

Section 4. The President and the Vice-President shall be elected by direct vote of the
people for a term of six years which shall begin at noon on the thirtieth day of June next
following the day of the election and shall end at noon of the same date, six years
thereafter. The President shall not be eligible for any re-election. No person who has
succeeded as President and has served as such for more than four years shall be
qualified for election to the same office at any time.

No Vice-President shall serve for more than two successive terms. Voluntary renunciation
of the office for any length of time shall not be considered as an interruption in the
continuity of the service for the full term for which he was elected.

Unless otherwise provided by law, the regular election for President and Vice-President
shall be held on the second Monday of May.

The returns of every election for President and Vice-President, duly certified by the board
of canvassers of each province or city, shall be transmitted to the Congress, directed to
the President of the Senate. Upon receipt of the certificates of canvass, the President of
the Senate shall, not later than thirty days after the day of the election, open all the
certificates in the presence of the Senate and the House of Representatives in joint public
session, and the Congress, upon determination of the authenticity and due execution
thereof in the manner provided by law, canvass the votes.

The person having the highest number of votes shall be proclaimed elected, but in case
two or more shall have an equal and highest number of votes, one of them shall forthwith
be chosen by the vote of a majority of all the Members of both Houses of the Congress,
voting separately.

The Congress shall promulgate its rules for the canvassing of the certificates.

The Supreme Court, sitting en banc, shall be the sole judge of all contests relating to the
election, returns, and qualifications of the President or Vice-President, and may
promulgate its rules for the purpose.

Section 5. Before they enter on the execution of their office, the President, the Vice-
President, or the Acting President shall take the following oath or affirmation:

“I do solemnly swear [or affirm] that I will faithfully and conscientiously fulfill my duties as
President [or Vice-President or Acting President] of the Philippines, preserve and defend
its Constitution, execute its laws, do justice to every man, and consecrate myself to the
service of the Nation. So help me God.” [In case of affirmation, last sentence will be
omitted].

Section 6. The President shall have an official residence. The salaries of the President
and Vice-President shall be determined by law and shall not be decreased during their
tenure. No increase in said compensation shall take effect until after the expiration of the
term of the incumbent during which such increase was approved. They shall not receive
during their tenure any other emolument from the Government or any other source.

Section 7. The President-elect and the Vice President-elect shall assume office at the
beginning of their terms.

If the President-elect fails to qualify, the Vice President-elect shall act as President until
the President-elect shall have qualified.

If a President shall not have been chosen, the Vice President-elect shall act as President
until a President shall have been chosen and qualified.

If at the beginning of the term of the President, the President-elect shall have died or shall
have become permanently disabled, the Vice President-elect shall become President.

Where no President and Vice-President shall have been chosen or shall have qualified,
or where both shall have died or become permanently disabled, the President of the
Senate or, in case of his inability, the Speaker of the House of Representatives, shall act
as President until a President or a Vice-President shall have been chosen and qualified.

The Congress shall, by law, provide for the manner in which one who is to act as President
shall be selected until a President or a Vice-President shall have qualified, in case of
death, permanent disability, or inability of the officials mentioned in the next preceding
paragraph.

Section 8. In case of death, permanent disability, removal from office, or resignation of

the President, the Vice-President shall become the President to serve the unexpired term.
In case of death, permanent disability, removal from office, or resignation of both the
President and Vice-President, the President of the Senate or, in case of his inability, the
Speaker of the House of Representatives, shall then act as President until the President
or Vice-President shall have been elected and qualified.

The Congress shall, by law, provide who shall serve as President in case of death,
permanent disability, or resignation of the Acting President. He shall serve until the
President or the Vice-President shall have been elected and qualified, and be subject to
the same restrictions of powers and disqualifications as the Acting President.

Section 9. Whenever there is a vacancy in the Office of the Vice-President during the
term for which he was elected, the President shall nominate a Vice-President from among
the Members of the Senate and the House of Representatives who shall assume office
upon confirmation by a majority vote of all the Members of both Houses of the Congress,
voting separately.

Section 10. The Congress shall, at ten o’clock in the morning of the third day after the
vacancy in the offices of the President and Vice-President occurs, convene in accordance
with its rules without need of a call and within seven days, enact a law calling for a special
election to elect a President and a Vice-President to be held not earlier than forty-five
days nor later than sixty days from the time of such call. The bill calling such special
election shall be deemed certified under paragraph 2, Section 26, Article VI of this
Constitution and shall become law upon its approval on third reading by the Congress.
Appropriations for the special election shall be charged against any current appropriations
and shall be exempt from the requirements of paragraph 4, Section 25, Article VI of this
Constitution. The convening of the Congress cannot be suspended nor the special
election postponed. No special election shall be called if the vacancy occurs within
eighteen months before the date of the next presidential election.

Section 11. Whenever the President transmits to the President of the Senate and the
Speaker of the House of Representatives his written declaration that he is unable to
discharge the powers and duties of his office, and until he transmits to them a written
declaration to the contrary, such powers and duties shall be discharged by the Vice-
President as Acting President.
Whenever a majority of all the Members of the Cabinet transmit to the President of the
Senate and to the Speaker of the House of Representatives their written declaration that
the President is unable to discharge the powers and duties of his office, the Vice-
President shall immediately assume the powers and duties of the office as Acting
President.

Thereafter, when the President transmits to the President of the Senate and to the
Speaker of the House of Representatives his written declaration that no inability exists,
he shall reassume the powers and duties of his office. Meanwhile, should a majority of all
the Members of the Cabinet transmit within five days to the President of the Senate and
to the Speaker of the House of Representatives, their written declaration that the
President is unable to discharge the powers and duties of his office, the Congress shall
decide the issue. For that purpose, the Congress shall convene, if it is not in session,
within forty-eight hours, in accordance with its rules and without need of call.

If the Congress, within ten days after receipt of the last written declaration, or, if not in
session, within twelve days after it is required to assemble, determines by a two-thirds
vote of both Houses, voting separately, that the President is unable to discharge the
powers and duties of his office, the Vice-President shall act as President; otherwise, the
President shall continue exercising the powers and duties of his office.

Section 12. In case of serious illness of the President, the public shall be informed of the
state of his health. The members of the Cabinet in charge of national security and foreign
relations and the Chief of Staff of the Armed Forces of the Philippines, shall not be denied
access to the President during such illness.

Section 13. The President, Vice-President, the Members of the Cabinet, and their
deputies or assistants shall not, unless otherwise provided in this Constitution, hold any
other office or employment during their tenure. They shall not, during said tenure, directly
or indirectly, practice any other profession, participate in any business, or be financially
interested in any contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency, or instrumentality thereof, including government-
owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of
interest in the conduct of their office.

The spouse and relatives by consanguinity or affinity within the fourth civil degree of the
President shall not, during his tenure, be appointed as Members of the Constitutional
Commissions, or the Office of the Ombudsman, or as Secretaries, Undersecretaries,
chairmen or heads of bureaus or offices, including government-owned or controlled
corporations and their subsidiaries.

Section 14. Appointments extended by an Acting President shall remain effective, unless
revoked by the elected President, within ninety days from his assumption or reassumption
of office.

Section 15. Two months immediately before the next presidential elections and up to the
end of his term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein will
prejudice public service or endanger public safety.

Section 16. The President shall nominate and, with the consent of the Commission on
Appointments, appoint the heads of the executive departments, ambassadors, other
public ministers and consuls, or officers of the armed forces from the rank of colonel or
naval captain, and other officers whose appointments are vested in him in this
Constitution. He shall also appoint all other officers of the Government whose
appointments are not otherwise provided for by law, and those whom he may be
authorized by law to appoint. The Congress may, by law, vest the appointment of other
officers lower in rank in the President alone, in the courts, or in the heads of departments,
agencies, commissions, or boards.

The President shall have the power to make appointments during the recess of the
Congress, whether voluntary or compulsory, but such appointments shall be effective only
until disapproved by the Commission on Appointments or until the next adjournment of
the Congress.

Section 17. The President shall have control of all the executive departments, bureaus,
and offices. He shall ensure that the laws be faithfully executed.

Section 18. The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such armed forces to
prevent or suppress lawless violence, invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for a period not exceeding sixty days,
suspend the privilege of the writ of habeas corpus or place the Philippines or any part
thereof under martial law. Within forty-eight hours from the proclamation of martial law or
the suspension of the privilege of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress, voting jointly, by a vote of
at least a majority of all its Members in regular or special session, may revoke such
proclamation or suspension, which revocation shall not be set aside by the President.
Upon the initiative of the President, the Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined by the Congress, if the invasion
or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus or the extension thereof, and must promulgate its
decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant
the functioning of the civil courts or legislative assemblies, nor authorize the conferment
of jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons
judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus
arrested or detained shall be judicially charged within three days, otherwise he shall be
released.

Section 19. Except in cases of impeachment, or as otherwise provided in this Constitution,

the President may grant reprieves, commutations, and pardons, and remit fines and
forfeitures, after conviction by final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all
the Members of the Congress.

Section 20. The President may contract or guarantee foreign loans on behalf of the
Republic of the Philippines with the prior concurrence of the Monetary Board, and subject
to such limitations as may be provided by law. The Monetary Board shall, within thirty
days from the end of every quarter of the calendar year, submit to the Congress a
complete report of its decision on applications for loans to be contracted or guaranteed
by the Government or government-owned and controlled corporations which would have
the effect of increasing the foreign debt, and containing other matters as may be provided
by law.

Section 21. No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all the Members of the Senate.

Section 22. The President shall submit to the Congress, within thirty days from the
opening of every regular session as the basis of the general appropriations bill, a budget
of expenditures and sources of financing, including receipts from existing and proposed
revenue measures.

Section 23. The President shall address the Congress at the opening of its regular
session. He may also appear before it at any other time.