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Constitution, defined. Fundamental law of the land Body of rules and maxims Where powers of sovereignty are habitually exercised

Philippine Constitution, defined. Written instrument Fundamental powers of the government are established, limited and defined. By which these powers are distributed among several departments. For their safe and useful exercise For the benefit of the body politic

Constitution, distinguished from statute. Constitution general principles and foundation of government. Statute more detailed Constitution relatively permanent in character Stature tentative

Common parts of the Constitution. Constitution of liberty bill of rights Constitution of government framework of government Constitution of sovereignty procedure for amending Constitution.

Kinds of Constitution. Written embodied In a single formal document. Unwritten not reduced in writing and not formally embodied in a single document. Cumulative product of evolution and growth of customs, common law, judicial decisions and the like. Conventional product of constitutional convention or royal proclamation. Flexible amended anytime through ordinary legislative proceedings. Rigid amended only through proceedings different from ordinary legislation.

Statute, defined. Written will of the legislature. Public will and peoples mandate expressed through their representatives.

Is the power to legislate exclusive to Congress? Presidential Decree Executive Orders

Statute, distinguished from statute law. Statute law is broader, as in includes not only the statute, but also judicial interpretation and application of such statutes. Used interchangeably.

Scope of legislative power. Embraces all subjects Extends to matters of general concern or common interest Unless limited by the Constitution

Constitutional basis for legislative power of Congress. Sec. 1, Art VI, 1987 Constitution. 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.

Bill, Defined Proposed legislative measure Introduced by member/s of Congress For enactment into law Signed by the author/s Filed the House Secretary

Origin of Bill. It may originate from either House. Except: Appropriation, revenue of tariff bills Bills authorizing increase of public debt Bills of local application and private bills

Illustrative case: Tolentino v Secretary of Finance, 235 SCRA 630 (1994). Facts: Several bills were introduced in the House of Representatives to expand the tax base of the Value Added Tax (VAT) system and enhance its administration by amending the National Internal Revenue Code (NIRC). These were referred to the House and Ways Committee which consolidated a bill and recommended its approval. After approval, it went to the Senate and referred to its Committee on Ways and Means.

Facts: The Senate approved after its Committee recommended it. The House bill and the Senate version were then referred to the Conference Committee which recommended that the House bill, in consolidation with the Senate bill, be approved in accordance with the attached copy of the bill as reconciled and approved by the Conferees. The Conference Committee bill was then approved by the House and the Senate. When presented with the enrolled bill, the President signed it into law.

Contention of Tolentino& other petitioners: Congress violated the Constitution although the E-VAT law originated from the lower house, it was not passed by the Senate. Instead, it was simply consolidated with the Senate version in the Conference Committee in violation of Article VI, Section 24: All appropriation, revenue or tariff bills, bills of local application, and private bills shall originate exclusively in the House of Representatives, but the Senate may purpose or concur with amendments. Thus, petitioners argue that it did not originate exclusively in the lower house because it merely consolidated 2 distinct bills from the lower and upper houses. This violates the clear mandate of originate which was even qualified by the word exclusively. Held: it is not the law, but the revenue bill, which is required by the Constitution to originate exclusively in the House of Representatives. A bill of originating in the lower house may undergo extensive changes in the Senate that may result in the rewriting of the entire bill. Held: To insist that the revenue statute must be substantially the same as the house bill would be to deny the Senates power not only to concur with amendments but also to propose amendments. For indeed, what the Constitution simply means is that the initiative for filing revenue bill must come from the House of Representatives. Held: On the other hand, senators, who are elected at large, are expected to approach similar problems from a national perspective. Both views influence legislation. The Constitution does not prohibit the filing in the Senate of a substitute bill in anticipation of its receipt of the bill from the lower house. For as long as the Senate did not act on its substitute bill prior to the receipt of the bill from the lower house. Held:

Thus, while it is true that a revenue bill must originate exclusively in the House of Representatives, the Senate can propose amendments that re-writes the entire bill or substitute it with an entirely separate and distinct bill. How a bill becomes a law. Filing with the House Secretary. Secretary reports the bill for First Reading. First Reading reading of the number and title of the bill. Referral to the appropriate committee.

Composition of the Committee: Experts in the subjects under their jurisdiction. What happens in the Committee stage. It may hold public hearings on the proposed measure. Bill comes under sharpest scrutiny. Committee may approve or reject the bill, with or without amendments, re-write the bill entirely, report it favorably or without recommendation. Committee reports and recommends for calendar for second reading. Second reading. The bill is read in full with the amendments proposed by the Committee, if any. Unless copies were distributed before and such reading is dispensed with. The bill will be subjected to debates, motions and amendments. After the amendments have been acted upon, the bill will be voted on second reading.

Third reading. Final vote for yeas and nays shall be taken and entered in the Journal.

Constitutional requirements for the bill to pass. Article VI, Section 26(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.

Constitutional requirements for the bill to pass. Article VI, Section 26(2): It has passed 3 readings on separate days. Printed copies in final form distributed to its members 3 days before its passage. Except: when the President certifies it as urgent to meet public calamity or emergency. But the factual basis of the presidential certification of bills may not be subject to judicial review. It merely dispenses with procedural requirements designed to insure that bills are duly considered by members.

Illustrative case: Tolentino v Secretary of Finance, 235 SCRA 630 (1994): Facts: The Senate approved its version of the E-VAT bill during the second and third reading on the same day, after the President certified it as urgent. Contention of petitioners: The Senate version did not pass three ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ . Even if it was certified as urgent ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ . Contention of petitioners: The certification of the bill is invalid because there was no emergency. The jurisdiction of growing budget deficit is not an unusual condition in this country. Held: The presidential certification dispenses not only printing and distribution of the copy of the bill but also the reading on separate days. Held: The unless clause must be read in relation to the except clause because they are coordinated clauses of the same sentence. To construe the except clause as simply dispensing the printing and distribution not only offends grammar but also negates the very premise of the except clause. The necessity of securing the immediate enactment of the bill which is certified in order to meet a public calamity or emergency. Held: The factual basis of presidential certification of bills is not subject to judicial review pursuant to the principle of separation of powers as it merely involves doing away with procedural requirements. A law may not be declared unconstitutional when what is violated in its passage are mere internal rules of procedure. Unlike the sufficiency of the factual basis of the suspension of the privilege of the writ of habeas corpus which threaten individual rights hence subjects to judicial review.

What happens if a bill is approved on third reading by one House? Transmitted to the other House for concurrence, following substantially the same route. If the other House approves the bill without amendment, it is passed by Congress and transmitted to the President for approval. If the other House amends and the House of origin disagrees, the differences will be settled by the Conference Committees of both Houses. The reports of both Committees are approved by both Houses.

Conference Committee. It is the mechanism to harmonize differences between both Houses in the passage of the bill into law. But it can deal generally with the subject matter. It may produce results beyond its mandate. The rules do not limit it to confider conflicting provisions only. It is empowered to include an entirely ____________________________________________________________________________________________________ . Thus, political scientists call the __________________________________________________________________________________________________________________ .

Illustrative case: Tolentino v Secretary of Finance, 235 SCRA 630 (1994). Facts: The Conference Committee consolidated the House and Senate versions closed doors. Contention of petitioners: The House Committee Report included provisions not found in either version and these were secretly inserted into it closed doors. The remarks of the members in the transcript of stenographic notes were incomplete as shown by ellipses. Held: There is nothing wrong about closed door executive sessions. Often, when only the conferees are present, it is the only way to harmonize conflicting provisions. The incomplete sentences in the transcripts may be attributed to the stenographer's own limitations or incoherence of statements. Amendment in the nature of a substitute by the Conference Committee resulting in a third version is allowed provided it is germane to the subject of both versions.

Doctrine of enrolled bill. When both houses approve the Conference Committee Report adopting third version of the bill, it is the latter that is the final and conclusive version submitted to the president for approval. The requirement of 3 readings on separate days and distribution of copies 3 days prior does not apply to Conference Committee Reports. An enrolled copy of the bill is conclusive not only of its provisions but also of its ______________ enactment.

Is the doctrine of enrolled bill absolute? No. In one case, the Senate President admitted to a mistake and withdrew his signature. Thus, the Supreme Court went behind the enrolled bill and consulted the Journal to determine whether certain provisions of the statute had been approved by the Senate. There was no longer any enrolled bill to consider when the signature was withdrawn. Authentication of bills. Signing by the Speaker & Senate President. Printed copy of the approve bill. Certified by respective House Secretaries. President's approval or veto. When a bill is presented to the President for action, he may: Sign it, if he approves. Veto it, and return with objections to the House of origin. The objections are entered in its Journal and proceed to consider it. President communicates veto within 30 days after receipt, otherwise it becomes a law as if the signed it. Override of presidential veto. 2/3 vote of all members of each House. 3 ways by which a Bill becomes a law: President signs it. He does not sign nor communicates his veto within 30 days from receipt. Congress overrides veto.

Parts of Statute. Title general statement of the subject of the bill. One title-one subject rule a bill embraces only one subject matter to prevent logrolling surprise or fraud Logrolling Combination of multiple propositions in one proposal. Entire proposition is nullified, not only the subject matter.

Illustrative case: Lambino v Comelec, G.R. No. 174153, October 25, 2006.