Policy Analysis Module
Policy Analysis Module
Policy Analysis Module
TABLE OF CONTENTS
1. ORIENTATION AND COURSE INTRODUCTION #
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2. STRUCTURES OF THE PHILIPPINE GOVERNMENT SYSTEM #
2.1 PRINCIPLES INHERENT IN A PRESIDENTIAL SYSTEM #
2.2 LEGISLATIVE DEPARTMENT #
2.3 PARLIAMENTARY PRIVILEGES #
2.4 EXECUTIVE DEPARTMENT #
2.5 JUDICIAL DEPARTMENT #
3. RELATED CURRENT ISSUES AND EVENTS (FOREIGN AND LOCAL)
#
4. EXECUTING PUBLIC POLICY #
4.1 DEFINING PUBLIC POLICY #
4.2 NATURE AND TRUST OF PUBLIC POLICY #
4.3 BUILDING PUBLIC POLICY #
4.4 PUBLIC ADMINISTRATION AND PUBLIC POLICY #
4.5 DEFINING PUBLIC POLICY #
4.6 PUBLIC POLICY ANALYSIS #
5. POLICY MAKING PROCESS #
5.1 AGENDA SETTING #
5.2 POLICY FORMULATION #
5.3 POLICY IMPLEMENTATION #
5.4 POLICY EVALUATION #
6. DISTRIBUTIVE, PREVENTIVE AND REGULATORY POLICIES #
7. STRENGTHENING PUBLIC POLICY #
8. LOCAL POLICY FORMULATION #
9. HOW A BILL BECOMES A LAW? #
9.1 CONSTITUTIONAL BACKGROUND #
9.2 THE BRIEF HISTORY OF CONGRESS #
9.3 THE HOUSE OF REPRESENTATIVES #
9.4 THE HOUSE OF THE SENATE #
10. THE LEGISLATIVE PROCESS #
10.1 THE BEGINNING #
10.2 ELEMENTS OF A BILL #
10.3 COPY OF A HOUSE BILL #
10.4 FILING AND THE FIRST READING #
10.5 COMMITTEE DELIBERATION #
10.6 THE SECOND READING #
10.7 THE THIRD READING #
10.8 TRANSMITTAL OF APPROVED BILL #
10.9 BICAMERAL CONFERENCE #
10.10 THE PRESIDENT’S APPROVAL/VETO POWER #
11. THE DRAFTING OF BILLS #
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11.1 WHAT HAPPENS WITHIN THE COMMITTEE #
11.2 WHEN THE BILL HAS COMPLEX IMPACT #
11.3 THE “MONA LISA” FATE #
11.4 SUBSTITUTE BILL AND CONSOLIDATED BILL #
11.5 NO-AUTHOR-NO-DELIBERATION-RULE #
12. IDEAS AND ISSUES FROM CITIZENS #
12.1 SUBJECT OF THE BILL #
12.2 DRAFTING AND TESTING #
12.3 CHOOSE AND SUPPORT THE AUTHOR #
12.4 FOLLOW THROUGH #
13. EFFECTIVE CITIZENS PARTICIPATION #
13.1 EFFECTIVE ADVOCACY #
13.2 NO TO RALLIES #
13.3 ANOTHER CASE IN POINT #
13.4 CITIZEN’S ROLE #
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Public Administration deals with the system, processes and dynamics of the
management, operation or administration of the affairs of the state, which include
the entire gamut of government service in the national and sub-national politics,
including but not limited to, government officials and public employees.
Importance Description
Provides a basis The state is not just expected to create effective policies for
for the the people. By and large, it public administration which makes
government. the implementation of public policies possible through the
various instrumentalities of government.
Acts as instrument Public administration provides the initiative for positive
of change in the developments to happen. As one of the primary institutions,
society. much is expected from the government to contribute to the
development of the society.
Plays a vital role Public administration comes closer to the people than the
in the life of the other departments of the government. It touches the everyday
people. life of the people through the delivery of basic services like
education, social welfare, health, agriculture, and
environment.
Acts as instrument Public administration makes public policies responsive to the
for the execution public as it proceeds in the implementation of all programs
of policies and and projects of the government. The enactment of policies is
programs. incomplete without them being implemented in the process.
Acts as stabilizing Public administration provides for the continuity of the
force in the government from one administration to the next.
government.
Source: http://www.mu.ac.in/myweb_test/SYBA%Study%20Material/pol_sc-III.
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Article II, Section 4 of the 1987 Philippine Constitution enunciates the first and
foremost duty of the Government – to serve and protect the people.
The government exists for the people and not the people for the government.
Under the principle of co-equal and coordinate powers among the three (3)
branches, the officers entrusted with each powers are not permitted to encroach
upon the powers confided to the others. If one department goes beyond the limits
set by the Constitution, its acts are null and void. The adoption of this principle
was motivated by the belief that arbitrary rule would result if the same person or
body were to exercise all the powers of government.
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Under the Constitution, there is no absolute separation among the three
(3) principal organs of government. Constitutional provision authorized a
considerable amount of encroachment or checking by one department in the
affairs of the others. The system of checks and balances is also observed along
with the doctrine of separation of powers to make the presidential system
workable.
(3) Checks by the judiciary. – with the Supreme Court as the final arbiter may
declare legislative measures or executive acts unconstitutional
- Determine whether or not there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of Congress or
the President
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Meaning of law.
The term laws refers to statutes which are written enactments of the
legislature governing the relations of the people among themselves or between
them and the government and its agencies.
Function of laws.
Such laws are valid or void, as tested by their conformity or non-conformity to the
Constitution.
Advantage of bicameralism.
Disadvantages of bicameralism
1. The Bicameral set-up has not worked out as an effective “fiscalizing” or counter-
check machinery;
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2. Although it affords a double consideration of bills, it is no assurance of better
considered and better deliberated legislation;
3. It produces duplication of efforts and serious deadlocks in the enactment of
important measures with the Conference Committee of both Houses, derisively
called the “third chamber,” practically arrogating unto itself the power to enact law
under its authority to thresh out differences;
4. All things being equal, it is more expensive to maintain than a unicameral
legislature; and
5. The prohibitive costs of senatorial elections have made it possible for only
wealthy individuals to make it to the Senate; and as to the claim that a Senate is
needed to provide a training ground for future leaders, two (2) of our Presidents
became chief executives even if their service was confirmed to the House of
Representatives.
(1) General legislative power. – power to enact laws intended as rules of conduct to
govern the relations among the individuals or between the individuals and the
State.
(2) Specific powers. – power to choose who shall become President in case two or
more candidates have an equal and highest number of votes
- To confirm certain appointments by the President
- To promote social justice
- To declare the existence of a state of war
- To impose taxes
- To appropriate money
- To impeach
- To act as a constituent assembly
(3) Implied powers. – power to conduct inquiry and investigation in aid of legislation
- To punish for contempt
- To determine the rules of its proceedings
(4) Inherent powers. – possessed by every government because they exist as an
attribute of sovereignty
- Power of taxation
- Power of eminent domain
- Police power
The Senate.
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- Noon on the 30th day of June next following their election
(3) Qualification
a. a natural-born citizen of the Philippines
b. at least 35 years of age on the day of the election (i.e., day of the
balloting)
c. able to read and write
d. a registered voter
e. a resident of the Philippines for not less than two (2) years immediately
preceding the day of the election
(4) Maximum terms.
- disqualified to serve more than two (2) consecutive terms
- In line with the state policy on equal access to opportunities for public
service and against political dynasties.
(5) Reelection after a break.
- at any rate, a Senator can still run for reelection after a break or interval
- no limit of number of years one can serve as Senator
- what is prohibited is to serve more than two (2) successive terms
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Number, election/selection, and classification of members.
(1) Aim of party-list system. – attain broadest possible representation of all interest in
its law and policy making body.
- various social, economic, cultural, geographical and other groups or
sectors of our society will have their voices heard in Congress even
without sufficient funding or political machinery
(2) Need for sectoral representation. – it is impossible for, say a farmer, laborer or
public school teacher, to win in an election
- foster the rise of non-traditional political parties and greater participation
for various interest groups, particularly, the marginalized sectors that
have for so long remained unrepresented and voiceless.
- Promotes genuine grassroots consultation
- Help create a healthy and robust democracy
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II.3 PARLIAMENTARY PRIVILEGES
Sessions of Congress.
Congress shall be virtually in session for the entire year. It is only proper that it
be on the job throughout the year. Lawmaking is a full-time obligation and not a
mere sideline. Members of Congress receive fixed yearly income.
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(3) Executive Session.
- Secret meetings of Congress or any of its committees
- A closed session is held if the issue to be discussed involves national
security
Officers of Congress.
(1) Presiding Officers. - Senate President and House Speaker are voted by majority
of all members and could hold their office at the pleasure of the respective
members of both houses.
Senate President and House Speaker are administrative heads and presiding
officers of their respective chambers. They preside over their sessions, preserve
order and decorum, decide all questions of order, sign acts, resolutions, orders
and warrants, issue subpoenas, and appoint personnel, and discipline them.
Meaning of quorum.
At least one-half (1/2) plus one (1) of the members of the body.
Rules of procedure are rules made by any legislative body to regulate the mode
and manner of conducting its business.
Intended for the orderly and proper disposition of the matters before it.
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Also known as “journals” in plural.
The power of inquiry and investigation exists not only to enable Congress
to discharge effectively its primarily legislative or lawmaking functions. It likewise
extends to hearings on other matters within its jurisdiction notably the power to
impeach, to propose amendments, and to take disciplinary action against its
members.
Executive power has been defined as the power to administer the laws,
which means carrying them into practical operation and enforcing their due
observance.
Have the same qualifications and term of office as the President and may
be removed on impeachment as in the case of the President.
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He may be appointed as a member of the Cabinet without need of
confirmation by the Commission on Appointments in Congress. To request
confirmation would degrade the dignity of the high office of Vice President.
(Term of office refers to the period, duration or length of time during which an
officer may claim to hold the office as of right, and fixes the interval after which
the several incumbents shall succeed one another.)
(Tenure of office, actual incumbency which represents the period during which
the incumbent actually holds the office.)
(Right to hold office, the just and legal claim to enjoy the powers and
responsibilities of the office.)
Meaning of appointment.
The executive nature of the appointing power does not imply that no
appointment by Congress and the courts can be made. They may also appoint
those officers who are necessary to the exercise of their own functions.
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Officials whose appointments are vested in the President.
(2) Power of control over all executive departments, bureaus, and offices.
- The President is the Administrative Head. It is his duty to see to it
that every department, bureau and office under the executive
branch is managed and maintained properly by the person in
charge.
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(3) Power of removal
- officers exercising purely executive functions whose tenure is not
fixed by law (i.e., members of the Cabinet) with or without cause
and Congress may not restrict such power.
- officers exercising quasi-legislative or quasi-judicial functions (e.g.,
members of the Securities and Exchange Commission), only on
ground provided by law to protect their independence in the
discharge of their duties
- civil service, for cause provided by law
(5) Empowered to create military tribunal to try persons who violate military
laws or commit crimes against national security.
Judicial power is the power and duty of courts of justice to interpret and to apply
the laws (including the Constitution) to contests or disputes concerning legally
recognized rights or duties between the State and private persons or individuals, or
between private persons or individual litigants, in cases properly brought before the
judicial tribunals.
(1) Adjudicatory power. – Judicial power includes the duty of courts of justice:
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(a) To settle actual controversies involving rights which are legally
demandable and enforceable
(b) To determine whether there has been a grave abuse of discretion
amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the government
(2) Power of judicial review.
(a) To pass upon the validity or unconstitutionality of the laws of the State
and the acts of the other departments of the government
(b) To interpret them
(c) To render binding judgments
(3) Incidental powers. – It likewise includes the incidental powers necessary to the
effective discharge of the judicial functions such as the power to punish persons
adjudged in contempt
Public policy is important in the perspective of the students in the sense that it
gives them the ability to learn how public policies are made in the government
and how these policies can influence the public in the course of its
implementation.
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It is important for academic reasons that it allows students to learn the different
stages of the policymaking process and the skills in analyzing the programs of
the government.
In addition to this, policy study is important for scientific reasons in that the
discipline enables the different individuals and other interested parties to
understand the causes and consequences of several societal problems whose
resolution can be has through the enactment of a sound public policy.
Knowing public policy in the same line improves the knowledge of the general
public in the kind of the community where they can readily identify themselves.
It gives them a sense of appreciation that in the process of finding a solution to
the problems in the society public policy helps them to conceptualize the best
solution.
Public program for one consists of all activities that are carefully formulated and
executed for public purposes. There are three components of public policy making:
a. The problem, a particular apprehension that often requires specific resolution
b. The players, the actors or group of actors that design specific formula to tackle
the issue at hand
c. The policy itself, finished course of action ready for implementation
Such execution shall then be carried out by the government and in some cases by
cultural institutions, religious formation or any authorized group, including the private
sector, and to a given extent the civil society as well.
The
Problem
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4.3 BUILDING PUBLIC POLICY
Public policy commence with the discovery of a problem and usually the
government is confronted with varying ways to deal it.
Citizens, interest groups or the private sector may bring the concern to the
attention of the government, or to its concerned departments or agencies for
necessary action (or inaction).
Otherwise, the pressure groups may exploit the situation through different forms
of lobbying techniques as they spot them.
With this, Congress or the legislative department comes in but in many cases the
government and the citizens may work together to formulate a sound policy
resulting policy opinion, which is seen as the most influential factor in
policymaking process.
Generally, public opinion is advanced through lobby groups, survey studies or
media exposure/mileage, thus influencing a plan of action (or inaction) on the
part of the government.
The policymaking process revolves within several factors, which trigger agenda
initiation, government formulation and implementation, and policy evaluation. In
agenda or policy setting, government agencies and officials usually meet to
discuss the component problem and then formulate specific but responsive
course of actions then implement them consistently. But the success or failure is
determined through policy evaluation.
Every policy designed for public purpose aims to bring about solvency and
normalcy to the situation once jeopardized. The success of policy implementation
however, is largely dependent on policy implementers. This is the stage of the
policy process, which is purportedly regarded as the common cause of policy
defeat and eventual failure.
The study of public policy rather came late in the 1960s when search for
relevance and meaning of government programs became a growing call for
bureaucrats and administrators.
Political science emerged and developed in what we know today as policy
analysis (in this period) which aims to examine how a policy was initiated,
prepared, executed and reviews and how policy outcomes could be improved for
the better.
1922, Charles Merriam, a political scientist, started to hypothesize the
relationship between political theory and application to reality.
Public policymaking will never end as problems emerge, although appropriate
policy designs surface.
Whatever government do or do not do is public policy.
All decisions (including decisions not make a decision) are made by those who
control political power and implemented by the administrative officers of the
bureaucracy.
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Thus, public policy and public administration are two sides of the same coin. One
decides the other does. They cannot be separated because one side cannot
exist without the other.
But because policy is a continuous process, it cannot end with implementation.
Whenever government does something, critics will suggest ways to do it better.
This feedback can be informal-from citizen complaints to journalistic investigation
– or it can take the form of an agency or legislative program evaluation.
In any case, new decision must be made even if the decision is to avoid making
a decision.
Therefore, public administration cannot exist in a policy vacuum. It must have
administrative structures that are directed by leaders who wish to do something –
if only to maintain the status quo. Thus, all public administration is inherently an
instrument of policy, whether that instrument plays well, poorly, or not at all.
Public policy analysis is the study of how governmental policies are made and
implemented, and the application of available knowledge to governmental policies for the
purpose of improving their formulation and implementation.
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Hence, public policy analysis has been referred to “the monitoring of different
government agencies that directly affect a specific community.” (E.g. impact of
infrastructure in a city to smoking laws.) The idea behind public policy analysis is to
provide the government with facts and statistics about the extent to which such intiatives
are working.
Not only concerned in the three (3) ethics of PA: effectiveness, efficiency and
economy.
But also addresses the “what” of policymaking; that is the nature of government
outputs and their outcomes.
Attempts to understand the role of governments with their outputs and outcomes
of the programs being pursued.
Policy outputs, refer to what government does, or better put to what government
chooses to do or not to do.
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5.1 AGENDA SETTING
The policy process begins with the identification of the policy problem by the
government from the community.
Among the policy problems that the public demands for response, only a few of
these issues will be accommodated by the government. These policy problems from
which the government are compelled to act become the policy agenda which in turn take
form of either systematic or institutional agenda
As the first phase in the cycle, agenda setting helps policy makers decide which
problems to address. Topics for discussion go through several types of agendas
before these individuals may move them forward.
Types of agenda.
(1) Systematic Agenda - comprise all issues policy makers deem both worthy of
note and in their realm of authority to address.
(2) Institutional Agenda - formed from the content of systematic agenda. Here,
policy makers analyze problems and their proposed solutions in a strict amount
of time.
(3) Discretionary Agenda - These agenda address problems chosen by legislators
that have not necessarily made it into the agenda mentioned above.
(4) Decision Agenda - the finalized list of issues to be moved to the next phase of
the policy-making cycle.
Leaders, bureaus and other factions must fight for their own needs and desires,
often in opposition to one another. Concerns might include budgetary issues, personal or
political constraints, or the protection of certain existing programs. Public policy are
therefore formed far more by the act of bargaining than by any other means. Policy
formation continues even after initial legislation is passed, arising whenever
amendments are suggested or the original legislation is reauthorized.
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5.4 POLICY IMPLEMETATION
Also called policy execution. This phase puts policies into action or practice.
Responsibility passes from policy makers to policy implementers, and the policies
themselves may again develop further while this happens. Whether a policy succeeds
can often be traced back to this phase a well-written policy with a poor implementation
can end in failure.
Policy makers conduct evaluation to determine if the policies they create are
effective achieving their goals.
When determining this, they must consider:
How to evaluate outcomes effectively?
How to measure the outcomes?
How to navigate between the efficiency of a policy and its effectiveness (the
former is often easier to measure than the latter)?
Evaluation may occur either during implementation or after the policy in question is
finished.
Distributive Policies – programs which by nature aim to provide goods and services
among the members of the society. The costs of goods or services are accruing also
from the contributions or revenues collected from the members.
e.g. Government policies on health, education, social services or public safety programs,
Social welfare and development services like health, education, housing,
infrastructures, recreational facilities or other amenities policies
e.g. order of forced evacuation of the public from the communities projected to be hit by
a calamity or such, an aftermath is a direct manifestation of an action on the part of
the government
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Regulatory Policies – impose certain performance operations, standards of service
delivery and other rules and mandates are rigid policies to ensure continuity,
consistency and accessibility of these provisions to the general public.
- Business function of state, to gain profit
- Provided either because of sufficiency of available private capital or
because the government wants to prevent some evils that usually result
from private control on certain enterprises
The concern about policy implementation being the most critical area of the
policy process has resulted from the lack of political will from below. Poor
implementation of social services, particularly in emerging democracies came from the
notion that governments anyway operate outside ‘market mechanisms’ and it is usually
the monopolist supplier of its good.
As Heywoods (2002) notes, civil servants, local government officers and public
sector workers can, in general, afford to be sloppy and inefficient because, unlike in
private business, they do not have to keep the customers satisfied.
The new concept of public management allows business and private sectors to
assume great responsibility for delivering services through a privatization policy,
contracting out and market testing.
It has also led to the wider use of performance indicators that bind public
services to a set of delivery standards that effectively mimic market competition
by penalizing substandard programs.
These ideas have been taken up most enthusiastically in New Zealand, the United
Kingdom, the United States, and in Scandinavia while some agree that they have
promoted the efficiency and effectiveness, others warn that accountability and public
service ethos have been sacrificed to overriding concern with cost cutting and lowering
of taxes.
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Policy process must therefore invite an open government stance where it shall
promote political arguments and debates and results in improved policy outcomes and a
better-informed electorate while playing a check on corruption, inefficiency and
incompetence. (Lazo, 2009;408)
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The public sector was slower than the private sector in embracing strategic
management notions. This is because public administrators were expected to focus not
on their objectives-what they were trying to achieve-but on their functions and
responsibilities-that is, the duties assigned to them by law.
Perhaps the failure of public policy may be reviewed well in the context of
strategic management, and also within the benchmarking framework. As stated, the
public sector should juxtapose its strategic management approach with that of the
private sector strategy in order for the government to reassess the capability of the
business group in attaining its objectives, or to compare or compete with them by
adopting some of their best practices or strategies.
(1) First Reading - Any member of either house may present a proposed bill,
signed by him, for First Reading and reference to the proper committee.
During the First Reading, the principal author of the bill may propose the
inclusion of additional authors thereof.
(2) Referral to Appropriate Committee- Immediately after the First Reading, the
bill is referred to the proper committee for study and consideration. If
disapproved in the committee, the bill dies a natural death unless the House
decides otherwise, following the submission of the report.
(3) Second Reading- If the committee reports the bill favourably; the bill is
forwarded to the committee on Rules so that it may be calendared for
deliberation on Second Reading. At this stage, the bill is read for the second
time in entirely, together with the amendments, if any, proposed by the
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committee, unless the reading is dispensed with by a majority vote of the
House.
(4) Debates- A general debate is then opened after the Second Reading and
amendments may be proposed by any member of Congress. The insertion of
changes or amendments shall be done in accordance with the rules of either
House. The House may either “kill” or pass the bill.
(5) Printing and Distribution- After approval of the bill on Second Reading, the bill
is then ordered printed in its final form and copies of it are distributed among
the members of the House three days before its passage, except when the
bill was certified by the President. A bill approved on Second Reading shall
be included in the calendar of bills for Third Reading.
(6) Third Reading- At this stage, only the title of the bill is read. Upon the last
reading of a bill, no amendment thereto is allowed and the vote thereon is
taken immediately thereafter, and yeas and nays entered in the journal. A
member may abstain. As a rule, a majority of the members constituting a
quorum is sufficient to pass a bill.
(7) Referral to the Other House- If approved, the bill is then referred to the other
House where substantially the same procedure take place.
(8) Submission to Joint Bicameral Committee- Differences, if any, between the
House’s bill and Senate’s amended version, and vice versa are submitted to
a conference committee or members of both Houses for compromise. If either
House accepts the changes made by the other, no compromise is necessary.
(9) Submission to the President- A bill approved on Third Reading by both
Houses shall be printed and forthwith transmitted to the President for his
action – approval or disapproval. If the President does not communicate his
veto of any bill to the House where it originated within 30 days from receipt
thereof, it shall become a law as if he signed it. Bill repassed by Congress
over the veto of the President automatically becomes a law.
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(1) The Legislative Department – Article VI, Section 1 of the Philippine Constitution
provides: “The legislative power shall be 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.” Legislative power to enact laws according to rules prescribed
thereof.
(2) The Executive Department – Article VII, Section 1 of the Philippine Constitution
provides that: “The executive power shall be vested in the President of the
Philippines.”
(3) The Judicial Department – Article VIII, Section 1 of the Philippine Constitution
provides that: “the judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.”
- “Judicial power includes the duty of the courts of justice to settle actual
controversies involving rights which are legally demandable and enforceable, and
to determine whether or not there has been a grave abuse of discretion
amounting to lack of excess of jurisdiction on the part of any branch or
instrumentality of government.”
When the Philippines was under American rule, the legislative body was the
Philippine Commission (Sept. 1900 to Oct. 1907) whose members where appointed by
the President of the United States. The Philippine bill of 1902 mandated the creation of a
two (2) – chamber legislature with the Philippine Commission as the Upper House and
the Philippine Assembly as the Lower House (1907-1916).
In 1916, the Jones Law or the Philippine Autonomy Act abolished the Philippine
Commission and created a new bicameral legislative composed of a Senate and a
House of Representative.
The main reason, however, for adopting a unicameral legislature in the 1973
Constitution is that it was deemed more suitable to a parliamentary system of
government. It was retained with the institution of a modified parliamentary system by
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the 1981 constitutional amendments. The Constitutional Commission which drafted the
present Constitution voted 23-22 in favor of bicameralism.
The bill is a “document that contains the proposed law.” Article VI, Section 26 (1)
of the Philippine Constitution provides that “every bill passed by the Congress shall
embrace only one subject which shall be expressed in the title thereof.”
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(10) Implementing agency, the institution that will implement the
law
(11) Repealing Clause - a provision that states that existing laws
that are changed by the new law are deemed to have been repealed
(12) Separability Clause – a provision that states that parts of the
new law remain valid and effective, even if some parts are declared
void or unconstitutional by competent courts, and
(13) The date when the law will take effect, and in some cases,
the date when the efficacy of the law will expire.
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10.4 FILING AND FIRST READING
1. The first step is to file the bill with the Office of the Secretary General
in accordance with Rule X, Section 42, through the Bills and Index
Division, which will assign a specific and exclusive number. The Bills
and Index Division will then refer the bill to the Plenary Division for
First Reading. Article VI, Section 26 (2) of the Constitution provides:
“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 before its passage, except when the President
certifies to the necessity of 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.”
2. The First Reading consists in reading the Title of the bill, the Bill
Number and the author/s. The presiding office (the Speaker in the
case of the House and the Senate President in the case of the
Senate, or their respective member designated to preside over the
session), will make a referral of the bill to the appropriate Committee.
4. The next step is committee deliberation on the bill. This is the first
stage where the general public can participate in lawmaking.
Interested individuals or institutions or groups can present to the
committee their views, opinions, recommendations or opposition to
the bill and the committee is supposed to consider this proposals,
which usually come in the form of position papers to be submitted in
advance to the Committee Secretariat. At the latest, such papers
can be submitted during the committee deliberations where they are
presented. Interested parties can manifest to the committee staff
that they want to be invited to give their views.
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10.6 SECOND READING
1. The next step, if the Committee on Rules calendared the bill for plenary
discussion, is the Second Reading, which according to the House Guide,
is the “stage when the bill is subject to debate and amendment.” A bill or
resolution on Second Reading shall be read in full unless copies thereof
have been distributed to members according to Rule X, Section 52.
2. The chairman of the committee which deliberated on the bill and the
principal author start the Second Reading process by delivering their
sponsorship speechless wherein they explain the bill’s provisions to the
entire body of the House or the Senate, as the case may be, and argue
for its approval by the body.
3. The next step is the Turno en contra or speech against the bill by those
who oppose the bill, arguing for its disapproval. Remember: a bill that is
disapproved is consigned to the Archives.
4. After the speeches comes the period of amendments, starting with the
chairman sponsoring the amendments proposed and approved in the
committee deliberations, if any. These are called the committee
amendments.
7. The amendments are incorporated into the approved bill and they are
sent to the House printer for printing in final form. Once approved on
Second Reading, no changes nor amendments, except for grammatical
reasons, can be made or allowed. As an example, there was an instance
when the author of this book successfully argued for a change of the word
“deceased” in the text into “disease” in a health bill certainly two words
with significant difference.
8. The bill after printing is distributed to all the members and after three days
from distribution, the bill can be calendared for Third and Final Reading.
The Third and Final Reading is the final stage of legislative action on
the bill. A bill on the Third and Final Reading is not debatable anymore and
members vote to approve or reject the bill. The secretary general reads the
bill number, the title of the bill, and calls for votes of the members.
Voting may be viva voce in which those in favor say “Aye” and those
against the bill say “Nay”. The majority vote determines approval of the bill.
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Or the voting may be a nominal vote in which members register their votes
as they are called. In a roll call voting, the exact numbers of votes for and
against the bill can be recorded. In contrast, in viva voce voting, the total
affirmative vote depends of the dominant voice votes.
A bill that has been approved on Third and Final Reading by one
House is transmitted the next day by the
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