LEGISLATIVE ORGANIZATION AND PROCESSES

Note: Citations inside parenthesis refer to Sections of Article VI of the 1987 Constitution

ORGANIZATION

 Over-all (S1, S16): Senate President is elected by majority vote of all

its members. Speaker of the House is elected by majority all its
members. The election of all other officers of the two houses are
governed by their respective internal rules. (See Baguilat v. Alvarez,
G.R. No. 227757, July 25, 2017)

 Electoral (S17): SET and HRET: 9 members - 3 from SC, 6 from

each chamber. The 6 members will be chosen on the basis of
proportional representation from the political parties and the
parties or organizations registered under party-list system
represented therein. The 3 SC members will be designated by the
Chief Justice. The ET shall be chaired by the senior Justice in the
ET.

 Commission on Appointments: Senate President, and 12 from each

chamber. The members from each house will be chosen on the
basis of proportional representation from then political parties and
the parties or organizations registered under party-list system
represented therein.

PROCESSES

 Quorum: majority of either house. (S16) To pass ordinary legislation: “the

majority vote of those present and constituting a quorum”.

 “Qualified majority” means a majority of all the members of either house.

Qualified majorities are required for the following:
o To declare war: 2/3 of both houses in joint session voting separately
(S23)

o To grant tax exemptions: concurrence of a majority of all the

members of Congress (S28[4])

o Concurrence to grant of amnesty: majority of all the members of

Congress (Art. VII, S19)

o Concurrence to treaties and international agreement: 2/3 of all the

members of Congress (Art. VII, S21)

o To propose Constitutional amendments (Art. XVII, S1):

 To directly propose amendments: ¾ of all its members

To call a Constitutional Convention: 2/3 of all its

members

 To submit to electorate the question of callinf a concon:

majority vote of all its members.

o To break a tie in election for President or Vice-President: majority

vote of all members of both houses, voting jointly.(Art. VII, S4)

o To judge, after last written declaration, if President is unable to

discharge functions: 2/3 vote of both houses, voting separately.

o To confirm President’s nomination in case of vacancy in the Vice-

Presidency: majority vote of all Members of both houses, voting
separately.

o To impeach:

 Committee to submit report to plenary: majority vote of all its

members
  To approve Articles of Impeachment: 1/3 of all members of the
House

 To convict: 2/3 of all members of Senate.

Note the following:

 Rule: Three-readings on three separate days process (S26[2]).

o Under standard parliamentary or congressional practice, the first

reading involves the introduction of a bill, usually accompanied by a
sponsorship ship speech by the main sponsor(s) / authors of the bill.
The main action of house (upper or lower, as the case may be) is to
refer the bill to appropriate committee for study.

o The second reading is the deliberations proper. When the bill as

studied or modified by the appropriate committee is reintroduced to
the house, debates and discussion ensue. Amendments may be
introduced. When accepted by the sponsor, amendments are
incorporated; otherwise, the house is divided on the issue. The bill as
amended or modified is then referred to a “committee on style”
which edits the bill to suit the parliamentary or congressional form of
bills.

o On the third reading, no amendments are allowed and vote is

immediately taken on the bill. The yeas (in some places the “ayes”)
and nays are entered in Journal. (S16[4]) On certain bills of great
national importance, every member of the house may be allowed to
explain his or her vote on the bill.

o Exception: the three-reading rule is not applicable when the

President certifies a bill as urgent, that is, certifies to necessity of its
immediate enactment to meet a public calamity or emergency.
(S26[2])

 The recording of the yeas and nays in the in the Journal is required:
 o On the last and third reading (S16[4]).

o At the request of one-fifth of the members (S16[4])

o In repassing a bill over the veto of the President (S27[1])

 Although a Journal is required under Article VI, Section 16[4], take note of
the Enrolled Bill doctrine (Astorga v. Villegas, G.R. No. L-23475, April 30,
1974)

 Since bills are independently processed in either house, there is need for a
body to attempt to reconcile the differences. This is task of a bicameral
“conference committee”. It is not constitutionally provided for. Its function
is to propose ways of reconciling conflicting versions of a bill. It is
composed of members nominated from both houses. Its powers extend to
proposing amendments germane to the purpose of the bill even of such
amendment was not in the original version or versions.

 Once the bill is approved by both houses, it is sent to the President who can
approve the bill into law or exercise his veto powers.

o If the President exercises his veto power, he vetoes the entire bill and
cannot veto separate items in the bill. EXCEPTIONS:

 He can veto any particular item or items in an appropriation,

revenue, or tariff bill but the veto shall not affect the item or
items not vetoed. (S27[2])

 If a provision in a bill is constitutionally inappropriate in an

appropriations bill, even if the item itself is not an
appropriations or revenue item, the President can single it out
for veto. This is equivalent to the President vetoing a “rider” in
an appropriations bill. This is referred to as the “Inappropriate
 Provision Doctrine. (Gonzales v. Macaraeg, G.R. No. 87636,
November 19, 1990.)

 There is no pocket veto. (S27[1])

 A veto can be overridden by a two-thirds vote of both houses voting
separately.

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