Enacting a Law Flashcards
Procedural requirements of enacting a bill into law (6)
- First reading
- Committee Review
- Second Reading
- Third Reading
- Transmittal
- Presidential Approval
What happens in the first reading?
The bill is introduced and read for the first time, then referred to a
committee
What happens in the committee review?
The committee evaluates the bill, may hold public hearings, and
prepares a report
What happens in the second reading?
The bill is debated, amendments may be proposed, and it is voted on.
What happens in the third reading?
Requires a final vote after printed copies are distributed three days prior,
unless expedited by the President due to emergencies.
What happens in the transmittal?
If passed, the bill is sent to the other chamber for consideration
What happens in the presidential approval?
The President can sign the bill into law or veto it
Special requirements for particular types of laws (3)
- Publication
- Public hearings
- National policy
Explain publication as a special requirement
Law must be published or posted in public places before taking effect
Explain public hearing as a special requirement
Often required, to gather feedback from affected parties, especially for
zoning ordinances or those affecting the public welfare
Explain national policy as a special requirement
Ordinance must align with national laws, subject to review by higher
authorities.
Voting requirements for Congress to amend the Constitution
three-fourths vote of all its members
Voting requirements for Congress to call a constitutional convention
two-thirds vote of all its members
Voting requirement for people’s initiative to amend the Constitution
A petition signed by at least 12 per centum of the total number of registered voters, with at least 3% of voters from each legislative district
What is ratification?
This where amendments must be ratified by a majority vote in
a national referendum.
What are appropriation laws?
The local chief executive prepares and submits the annual budget
to the local legislative body.
Particular prohibitions in enacting laws (5)
Par. 7
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof, and the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
Par. 8
No law shall be passed abridging the freedom of speech, or of the press,
or the right of the people peaceably to assemble and petition the Government for redress of grievances.
Par. 9
No law granting a title of nobility shall be enacted, and no person holding
any office of profit shall, without the consent of the Congress of the Philippines, accept any present, emolument, office, or title of any kind whatever from any foreign state.
Par. 10
No law impairing the obligation of contracts shall be passed
Par. 11
No Ex Post Facto and Bill of Attainder shall be enacted
What is an ex post facto law?
A law that has retroactive application which makes criminal an act before the passage of the law and which was innocent when done, and punishes such an act
What is a bill of attainder?
A bill of attainder is a law where it inflicts punishment without trial
What is the enrolled bill doctrine?
The enrolled bill doctrine is a principle of judicial interpretation of rules of procedure in legislative bodies. Under the doctrine, once a bill passes a legislative body and is signed into law, the courts assume that all rules of procedure in the enactment process were properly followed.
What is the Finality of Enrolled Bills?
It assumes that Once a bill is signed by the President it is considered conclusive evidence of its due enactment and validity
What do you mean by Exclusion of Procedural Challenges?
Courts cannot review the legislative process or procedural steps that led to the bill’s final version. Parliamentary rules are merely procedural, and with their observance, the courts have no concern
What is the presumption of regularity?
The process leading to the final enrolled bill is presumed to be correct and complete.
Legal basis for the publication requirement?
Art.2 of the New Civil Code
Laws shall take effect after fifteen days following the completion of their
publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. The publication and the 15-day period requirements are intended to enable the people to become familiar with the statute or law.
English for Veto
“I forbid” or “deny”
Purposes of Veto (2)
- To enable the executive department to protect its integrity as an equal branch of government and thus maintain an equilibrium of governmental powers. It strengthens the role of the President in the enactment of appropriation laws;
- To provide a check on hasty, corrupt, or ill-considered legislation.
3 Systems of Initiative
- Initiative on the Constutition for amendments
- Initiative on statutes
- Initiative on local legislation
What is a referendum?
Power of the electorate to approve or reject a legislation through an election called for the purpose
2 Kind sof referendum
- On statutes
- On local law
Differences between Ordinance v Resolution (4)
- Ordinance is a permanent rule of conduct, resolutions are less permanent enactments
- Ordinances are written laws adopted by municipal governing authority, Resolutiosn commonly deal with matters of special or temporary character
- Oridnances are duly enacted by the proper authorities, prescribing general, uniform relating to the corporate powers of the municipality, Resolutions ordinarily denote something less solemn or formal than, or not rising to the dignity of, an ordinance
- Ordinance is a legislative act, Resolution is an expression of opinion or mind or policy concerning some particular item of business coming within the legislative body’s official cognizance
