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A written report in Political Science in Article VI: Legislative

Department (Section 26 and 27)

Submitted by:

Submitted to:
Section 26. (1) Every bill passed by the Congress shall embrace
only one subject which shall be expressed in the title thereof.

(2) 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 have been distributed to 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. Upon the last reading of a bill, no amendment thereto
shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.

Limitations on the power of congress:

The powers of the Congress of the Philippines may be classified


as:

1. Substantive

Implied powers

It is the essential to the effective exercise of other powers


expressly granted to the assembly.

Inherent powers

These are the powers which though not expressly given are
nevertheless exercised by the Congress as they are necessary for its
existence such as:

• to determine the rules of proceedings;


• to compel attendance of absent members to obtain quorum to
do business;
• to keep journal of its proceedings; and etc.
Specific legislative powers

It has reference to powers which the Constitution expressly and


specifically directs to perform or execute.

Powers enjoyed by the Congress classifiable under this category


are:

• Power to appropriate;
• Power to act as constituent assembly;
• Power to impeach;
• Power to confirm treaties;
• Power to declare the existence of war;
• Power to concur amnesty; and
• Power to act as board of canvasser for presidential/vice-
presidential votes.
• Power to contempt
• Blending of power
• Delegation of power
• Budgetary power
• Power to taxation
• Delegation of power

2. Formal

Steps in the passage of a bill:

1. First reading - on First Reading, the Secretary General reads


the title and number of the bill. The Speaker refers the bill to
the appropriate Committee/s. During the first First reading,
the principal author of the bill may propose the inclusion of
additional authors thereof.
2. Referral to appropriate committee - the Committee where
the bill was referred to evaluates it to determine the necessity
of conducting public hearings. If the Committee finds it
necessary to conduct public hearings, it schedules the time,
issues public notices and invites resource persons from the
public and private sectors, the academy and experts on the
proposed legislation. If the Committee finds that no public
hearing is not needed, it schedules the bill for Committee
discussion/s.
3. Second Reading – at this stage, the bill is read for the second
time in its entirety together with the amendments, if any,
proposed by the committee unless the reading is dispensed by
a majority vote of the House.

*Voting, which may be by:

1. viva voce
2. count by tellers
3. division of the House
4. nominal voting

4. Debates-a general debate is then opened after the Second


Reading and sponsorship speech of the author of the bill. The
House may either “kill” or pass the bill.
5. Printing and distribution – after approval, the bill is then
ordered printed in its final form or version and copies of it
are distributed among the members of the House three days
before its passage except in case of bills certified by the
President.
6. Third Reading – only the title of the bill is read on the floor.
Nominal voting is held. Upon the last reading, no
amendments is allowed and the vote is taken immediately
thereafter, and yeas and nays entered in the journal.
7. Referral to the other House – if the other House approved
the bill without changes or amendments, the final version is
signed by the Senate President and the Speaker of the House
of the Representatives.
8. Submission to joint bicameral committee- submitted to the
Conference Committee of members of both Houses for
compromise or to reconcile conflicting provisions.
9. Submission to the President - if the bill is approved by the
President, it is assigned an RA number and transmitted to the
House where it originated.

***

Section 27. (1) Every bill passed by the Congress shall, before it
becomes a law, be presented to the President. If he approves the
same, he shall sign it; otherwise, he shall veto it and return the
same with his objections to the House where it originated, which
shall enter the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of all the
Members of such House shall agree to pass the bill, it shall be sent,
together with the objections, to the other House by which it shall
likewise be reconsidered, and if approved by two-thirds of all the
Members of that House, it shall become a law. In all such cases,
the votes of each House shall be determined by yeas or nays, and
the names of the Members voting for or against shall be entered in
its Journal. The President shall communicate his veto of any bill to
the House where it originated within thirty days after the date of
receipt thereof; otherwise, it shall become a law as if he had signed
it.

(2) The President shall have the power to veto any particular item
or items in an appropriation, revenue, or tariff bill, but the veto
shall not affect the item or items to which he does not object.

Formal parts of a law:

1. Title- it announces the subject matter of the act.


2. Preamble-it follows the title and precedes the enacting
clause. It is a sort of introduction or preface of a law.
3. Enacting clause- it immediately precedes the body of the
statute and serves as a formal means of identifying the
legislative body that enacts the law.
4. Body – it is that portion containing the proposed law or
statute itself
5. Effectivity clause- portion providing for the time when the
law shall take effect.

*A law takes effect 15 days following the completion of its


publication in the Official Gazette or in any newspaper of general
circulation in the Philippines.

Use of Resolution:

• Resolutions are employed with respect to matters within the


exclusive authority of the lawmaking body and do not,
therefore, require the approval of the President for their
effectivity.
• They are also used when a lawmaking body expresses an
attitude or opinion
• Under Section 28(2), the power to fix tariff rates, delegated
by the President may be withdrawn by the lawmaking body
by means of resolution.

Kinds of resolution:

• Simple-passed by either House for its exclusive use or


purpose
• Concurrent- if passed independently in one House and
ratified by the other in the same manner as a bill
• Joint-if approved by the both Houses meeting in joint session
but voting separately
* There is no provision in the Constitution requiring the
approval by the President of any kind of resolution.

Terms to remember:
• Hodge-podge or log rolling legislation refers to any
measure containing several subjects on unrelated matters
combined together for the purpose of securing the support of
members of the legislative severally interested in the
different subjects of the bills.
• Legislative power is the authority to make laws as well as to
alter and repeal them
• Bill is a draft of a law submitted to the consideration of a
legislative body for its adoption.
• Statute the written will of the legislature as an organized
body expressed according to the form necessary to constitute
it into a law of the state, and rendered authentic by certain
prescribed forms and solemnities. “Act” is often used in
referring to a statute.
• Veto is the Latin term for “I forbid” or “deny”. It is the
power vested in the President to disapprove acts passed by
Congress.
• Resolution has been defined as a formal expression of
opinion, will, or intent by an official body or assembled
group.

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