Philippine Legal System Overview

Philippine Legal System

• The Philippine government structure has three branches: executive, legislative, and judiciary.
• Law enforcement is the responsibility of the executive branch, which is led by the President.
• Congress, also known as the legislative branch, is in charge of creating laws.
  • It is made up of a Senate consisting of 24 senators elected at large and a House of Representatives with a maximum of 250 members.
• The judicial branch, the judiciary, interprets laws via the Supreme Court and subordinate tribunals established by Congress.

Hierarchy of Laws

• The fundamental law of the land is the Constitution.
• Republic Acts are enacted by Congress.
• Ordinances are approved by local government units.

Court decisions

• These handed down by the Supreme Court, the country's highest court, carry legal authority.
• "Stare decisis" is the term for courts referring to them when deciding related matters.
• Lower court rulings lack this impact.

Executive Branch

• Through its regulatory bodies and departments, the Executive Branch is empowered to issue legally binding regulations.
• Implementing Rules, also known as administrative regulations, are technically not laws.
• They are intended to put legislation approved by Congress into practice.

Martial Law

• Presidential Decrees and Batas Pambansa were issued during martial law under President Ferdinand Marcos.
• Presidential Decrees and Batas Pambansa that have still not been repealed are still in effect

1986 - End of Martial Law

• Then-President Corazon Aquino issued executive orders after martial law was lifted in 1986.
• Elections were held for Senators and Congressmen.
• With Congress in place, the legislative processes have been followed.

Philippine Legislative Procedures

• The majority of legislative proposals are written as bills, especially those pertaining to budgetary matters.
• Upon passing both houses in identical form and receiving presidential approval or overriding a veto by Congress, they become laws.

Legislation Origination

• A bill can be introduced in either the Senate or House of Representatives.
• Bills pertaining to appropriation, revenue, tariffs, public debt increases, local matters, and private concerns must originate exclusively in the House.
• The Senate may propose or concur with revisions, according to Sec. 14 of the 1987 Constitution.

Legislative Process Steps

• Once a bill is drafted, it is submitted to the Secretary's Office in either the Senate or the House
• It is assigned a reference number and scheduled for its First Reading.
• The bill's title, number, and author are read on the floor during the First Reading, after which it is sent to the relevant committee.
• Hearings and consultation sessions are held by the Committee.
  • It may approve the bill as is, approve it with modifications, suggest a replacement, or combine it with related bills.
• A Committee Report including the approved bill is created and sent to the Committee on Rules to be scheduled for the SECOND READING.
• In the Second Reading, the bill's author delivers a sponsorship speech
  • Members debate, question, and rebut on the floor to highlight the bill's advantages and disadvantages.,
  • Amendments are considered, and members vote on the bill.
  • If approved, it proceeds to the THIRD READING.
• Members receive printed copies of the bill's final version.
  • Only the title is read on the floor, a nominal vote takes place.
  • The bill is directed to the House or Senate for concurrence if approved.
• The Senate or House follows the same process of First, Second, and Third Readings.
• If necessary, a CONFERENCE COMMITTEE comprising members from both Houses resolves any disagreements.
  • The Committee formulates a report, acquires signatures, and submits it to both Houses for approval (no amendments permitted).
• The bill copies, duly endorsed, are forwarded to the President.
• The President has the following options:
  • Sign the bill into law, assigning it a Republic Act (RA) number and returning it to its point of origin.
  • Veto the bill, sending the originating House a message explaining the veto.
• The approved bill is duplicated and sent to the Official Gazette Office for distribution.
• If a bill is vetoed
  • The President's message is included in the Order of Business.
  • Congress can override the veto with a two-thirds vote in both Houses.
  • Thus the bill becomes law.